Beck & Pauli Lithograph Co. v. Houppert & Worcester

Beck & Pauli Lithograph Co. v. Houppert & Worcester. Action on Contract for Sale of Goods. 1. Trial by Court without jury; revision on appeal. — Where a case is tried by the presiding judge without the intervention of a jury, the judgment rendered by him will not be disturbed on appeal, unless it is plainiy erroneous. 2. Fraud; estoppel from setting up by reason of basing conduct upon other grounds. — Although where a party gives a reason for his conduct and decision touching anything involved in a controversy, he cannot after litigation is begun, change his ground, and put his conduct upon another and different consideration, this principle has no application to estop a party from pleading a fraud which had been practiced upon him, of which he remained ignorant, when he .set up another and different excuse for repudiating a contract. Appeal from Jefferson Circuit Court. Tried before Hon. Jas. J. Banes. Mountjoy & Tomlinson, and Tarrant & Kroushage for appellants. R. H. Pearson, contra. [MAJORITY — Haralson, J.] There was judgment for the defendant, from which plaintiff appealed. Judgment affirmed. Opinion by Haralson, J.