FIDELITY MORTG. CO. OF TEXAS v. Cook

Robert L. Brown, Justice.

The appellant, Fidelity Mortgage Company of Texas, appeals from a judgment for deceit in favor of the appellee, James Martin Cook, d/b/a Cook Construction Company, in the amount of $35,538.29. The salient issue on appeal is whether the circuit judge, who tried the case without a jury, clearly erred in finding that the elements of deceit existed in this case.

We hold that the circuit judge did not err in his findings, and we affirm his decision.

The facts involve the building of a hunting lodge instigated by two men who had formed a partnership — James Cunningham and…