New Style Homes, Inc. v. Fletcher

DIXON, Judge.

Defendant Atlas Surety Corporation appeals from a money judgment entered in a court-tried case. The basic and dispositive issue is the contradiction between the pleading, the proof, and the judgment entered. The proof does not follow the pleading; and the findings of fact, conclusions of law, and the judgment do not follow either the proof or the pleadings.

Review has been hampered by a sketchy and inconclusive record as well as by a failure on the part of the parties to focus on the contradictions observable on the face of the record.

To demonstrate the fundamental error that…