Orkin Exterminating Company South Florida v. Truly Nolen

The appellant corporation, as plaintiff below, filed its amended complaint in chancery, setting out two counts. Count I was directed against both defendants, Martin I. Moss and Harry Abel, the appellees here. Count II, relating to the same transactions and events, was directed only against the defendant Moss. The lower court dismissed with prejudice Count I as it related to the defendant Abel, finding that this count did not allege facts setting up a legal duty running from the defendant Abel to the plaintiff corporation and did not allege any facts establishing a right on the part of the plaintiff corporation to rely on the alleged representations made by the defendant Abel. It is from this order as it concerns Count I that the plaintiff corporation appeals. The court allowed the plaintiff to amend as to the defendant Moss; therefore, this appeal does not involve that portion of the order.