
    Wallace H. Swarthout, Appellant, v. Frank Gros, Respondent.
   Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, upon the ground that the verdict was against the weight of the evidence, and on the further ground that the court erred in submitting to the jury the issue of fraud, which was not within the pleadings or the evidence. All concur. Present — Sears, P. J., Taylor, Edgeomb, Thompson and Crosby, JJ.  