Hayter v. Hudgens

(after stating the facts as above). The assignment of error controlling the appeal is the one questioning the sufficiency of the evidence to warrant the' verdict against the appellant. In passing upon the assignment of error, regard must be had to the pleading and the special facts and circumstances in proof relied on as creating the appellant’s liability. As pleaded, liability against appellant was based, in effect, upon the ground that the real estate agent, in the course of the agency, was guilty of fraud and concealment, and that the appellant was a party thereto acting in collusion with…