Cole v. Cates

Felton, Chief Judge, Nichols, Presiding Judge, Jordan and Frankum, Judges,

dissenting. We think that the court erred in *546sustaining the plaintiff’s oral motion to strike the various paragraphs of the defendant’s answer. Code § 37-707 provides: “Any relations shall be deemed confidential, arising from nature or created by law, or resulting from contracts, where one party is so situated as to exercise a controlling influence over the will, conduct, and interest of another; or where, from similar relation of mutual confidence, the law requires the utmost good faith; such as partners, principal and…