Cooper v. Agee

On Rehearing.

POSTER, J.

Replication numbered “third” is in two aspects, (1) fraud and (2) undue influence. We stated in the opinion that there is in the record enough evidence of the fraud to go to the jury on that question, and on rehearing counsel do not seem to take issue with that statement. But they point out that there is an averment, stated in the conjunctive, that defendant’s agent knew of plaintiff’s weak mental condition, and that there is no evidence of such averment. Assuming that the record is in accord with that contention, we cannot agree with the result claimed — that thereby…