Bailey

From a judgment rendered in favor of the plaintiff the defendant appealed, assigning certain findings of fact as unsupported and erroneous.

The plaintiff alleged that the defendant and its agents intending to deceive and defraud her represented that said company was earning dividends of eight per cent, that its stock was worth and was selling generally on the market for $10 per share, that its stock would be listed by it upon the stock exchanges and would for said reasons be worth on a stated date $15 per share. The trial court found that said defendant did by and through its agents represent that said stock “was selling on the market at $10.00 a share and that the said corporation was actually earning 8% dividends” at said times. It is contended that the evidence was insufficient to justify a finding of representations that said stock “was selling on the market for $10.00 per share”, and that the further finding of a representation “that the said corporation was actually earning 8% dividends on said stock at said times” was outside the issues.

The latter finding would seem to amount to no more than an interchanging o£ words used in the complaint to express the same…