Russell v. Industrial Transp. Co.

This case is now before this court upon motion for a rehearing. Upon recommendation. of the Commission of Appeals in an opinion .written by Judge H. C. Randolph, of Section A (251 S. W. 1034), this court reversed the holdings of the Court of Civil Appeals on the issue of actionable fraud, but remanded the cause to the district court for new trial on the proposition that plaintiff in error must show that he had been damaged, and the extent thereof.

In his motion for a rehearing, plaintiff in error vigorously insists that a contract secured by fraud may be rescinded without a showing that the…