Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.

LIVINGSTON, Justice.

This is a suit at law by J. D. Pittman Tractor Company, a corporation, against the Fidelity and Casualty Company of New York, a corporation.

The cause was submitted to the jury on special counts B and C, counts in deceit, and common counts 1 and D for ’ money paid. There were a verdict and judgment for plaintiff, and defendant appealed.

The judgment must be reversed, and the cause remanded for another trial because the trial court misdirected the jury as to plaintiff’s right to recover under the common counts. We will write only to those questions likely to arise on another…