Morgan v. Hutcheson

Grice, Justice.

In view of what the defendant pleaded, it can not be urged by him or his counsel that the money received by him was for services rendered in connection with obtaining administration on the estate of the husband of the plaintiff. He is bound by his pleadings, which averred that he received it as a gift. Kirkpatrick v. Faw, 184 Ga. 170, 177-178 (190 S. E. 566), and cit.: Fowler v. Johnson, 151 Ga. 122 (106 S. E. 90).

The Court of Appeals ruled that the jury was authorized to find the money was not paid under the contract, “and the verdict was authorized on the theory on which the…