Powell v. James, Hereford & McClelland, Inc.

Benham, Judge.

The issues to be decided on this appeal concern the correctness of jury instructions regarding the duty of a plaintiff in a fraud case to use ordinary care to discover the fraud, and the duty of one signing a document to read it first. Appellant brought this suit against appellee, an insurance agency, to recover damages allegedly arising from appellee’s failure to procure insurance for appellant. Basic to appellant’s case is his contention that appellee, by filling in wrong information on an application appellant swore he signed in blank, caused appellant’s application for…