The opinion
BROWN, P. J.
[1, 2]
The principles of law governing the case as presented by count A are clearly stated in Harton v. Belcher, 195 Ala. 186 , 70 South. 141 , and Berry v. Wooddy, 16 Ala. App. 348 , 77 South. 942 . Count A is not subject to the objection that it does not state a substantial cause of action, and it was not subject to the stated ground of demurrer.
[3, 4]
The statute of limitations of 1 year was not pleaded, and the limitations of 3, 6, and 10 years are not appropriate or applicable to an action for deceit. Code 1907, § 4840, subd. 5.
[5, 6]
The defendants request “to find the facts in this cause at the trial thereof” is not a request for “a special finding of facts,” and the rendition of judgment without such special finding of facts did not contravene any right given to the appellant by Code 1907, § 5360, which provides that “the finding of the court may be general, »* * * unless the parties, or either of them, in writing, request a special finding of the facts.”
[7]
The subject-matter of count A arises out of the same subject-matter as the other counts, and the allowance of the amendment of the complaint by adding count A was permissible. Gambill v. Fox Typewriter Co., 190 Ala. 36 , 66 South. 655 .
[8 ]
There was evidence which, if believed, justified the findings of the trial court. Hackett v. Cash, 196 Ala. 403 , 72 South. 52 ; Pinkard v. Cassels, 195 Ala. 353 , 70 South. 153 .
We find no reversible error in the record, and the judgment of the trial court is affirmed.
Affirmed.