Watts v. Patton

Citations

• 66 Miss. 54

Syllabus

<p>1. Chancery Pleading. Certainty of averments.</p> <p>The averments of a bill must be definite and certain to warrant relief. Where a bill charges fraud, alleging a state of facts which, according to one theory, shows the fraud, and under another fails to do so, and it is uncertain from the allegations which theory is presented by the bill, a demurrer will be sustained.</p> <p>2. Same. Fraud. Injury to complainant.</p> <p>Where one partner, in conjunction with a third person, buys the assets of the firm, which is insolvent, and assumes the liabilities, and the seller afterward files a bill against his former partner to rescind, and for an account, on the ground of fraudulent representations as to the arrangement made with the third person, the bill must distinctly allege facts, showing injury to the complainant in the transaction, not merely the concealment by de fendant of a benefit to himself.</p> <p>3. Amendment. Application must show character of.</p> <p>When a demurrer has been sustained to a bill, a decree refusing leave to amend will not be reversed where the record fails to show in what way the complainant proposed to amend.</p>