Gibson v. Hicks

On Rehearing.

Appellee contends that we erred in the original opinion in holding that the findings of the jury were not upon the issues presented by appellee’s pleading, that appellant’s motion for judgment should have been granted by the trial court, and that the signed receipt did not support appellee’s allegation that there was an agreed value upon the automobiles. He also argues that the court properly submitted the issues presented in the pleadings of both parties.

With this statement we cannot agree. Ap-pellee himself sought a recovery on the theory, and the theory only, that the…