Flannagan v. Clark

Atkinson, Presiding Justice.

(After stating the foregoing facts).

Headnotes 1 to 4 require no elaboration.

By the first ground of the amended motion, error is alleged on the following charge: “She prays the relief of the court, that the contract be rescinded, and that she recover of the defendant the sum of money she alleged she paid, and that the security deed and the notes given by her be canceled.” The petition did not specifically pray that the contract be rescinded. It is asserted that so charging the jury was prejudicial to the defendant. She alleged and proved that she was induced to…