Pacific Mutual Life Insurance Co. of California v. Metzger

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

The manner in which this case arose, together with a portion of its background, is stated in the opinion of the Court of Civil Appeals (124, S. W. (2d) 417), which see. That statement will not be repeated here and will not be added to except as may be deemed helpful in discussing the questions involved.

The pleadings of Susan Metzger, defendant in error here, and the issues submitted to the jury, disclose that the suit is predicated, in final analysis, upon an alleged promise, or inducement, by Pacific Mutual Life…