Chaney v. Fields Chevrolet Co.

The “principal opinion” (as it is referred to by the concurring opinion)① would affirm the granting of *616a directed verdict in this case upon the following grounds: (1) that “the case was tried in the trial court on the theory * * * [of J fraud and deceit,” and that plaintiff failed to establish the elements of such an action; and (2) that “plaintiff for the first time in this court raises an entirely new theory,” that of “outrageous conduct,” and that “on oral argument the plaintiff frankly conceded that this theory was not mentioned to the trial court.” On these grounds the principal opinion…