Such representations rarely induce a man to enter into a contract without negligence on his part in not ascertaining from, other sources as to whether such representations are true or false. The law does not deny its aid in such cases because it looks upon a want of candor and sincerity with indulgence but because it will not encourage that indolence and inattention which are no less pernicious, to the interest of society, and will not relieve those who suffer damage by reason of their own negligence or folly. Coley v. Dore, 56 Okla. 443, 156 P. 164; Hazlett v. Wilkin, 42 Okla. 20, 140 P. 410, 12 R. C. L. 44; Camp v. Camp, 2 Ala. 632, 36 Am. Dec. 423; Rockafellow v. Baker, 41 Pa. 319, 80 Am. Dec. 624; 20 Cyc. 51."
However, if the judgment is found to be clearly against the weight of the evidence, then this court shall reverse the judgment of the trial court, and render, or cause to be rendered, such judgment as should have been rendered by the trial court. Cases to this effect are legion, and of those cited in the brief of plaintiff in error we find: Uhrina v. Mastako, 100 Okla. 294, 229 P. 196; Coley v. Dore, 56 Okla. 443, 156 P. 164; Hawkins v. Boynton Land Mining Investment Co., 59 Okla. 30, 157 P. 753; Serrato v. Hopkins, 113 Okla. 54, 238 P. 479, which support this rule. Also, in the brief of defendant in error we find: Turben v. Douglas et al., 76 Okla. 78, 183 P. 881, in accord.
Suffice it to say, the charges herein made are sufficient to shock the conscience of the court. Some protection must be given to helpless minors in this state, and a deaf ear will never be turned to their cries of distress and supplications for justice when called to the attention of this court on proper proceedings, and in an action of this nature, it is the duty of this court to, and this court will examine the whole record and render such judgment as should have been rendered in the court below. Cash v. Thomas, 62 Okla. 21, 161 P. 220; Britton v. Morris, 59 Okla. 162, 158 P. 358; Coley v. Dore, 56 Okla. 443, 156 P. 164; Mitchell v. Leonard, 55 Okla. 626, 135 P. 696; Hawkins v. Boynton Land, Mining Investment Co., 59 Okla. 30, 157 P. 753; Clayton v. Oberlander, 59 Okla. 35, 157 P. 929; Pyeatt v. Estus, 72 Okla. 160; 179 P. 42; Swan v. O'Bar, 66 Okla. 91, 167 P. 470; Prentice v. Freeman, 76 Okla. 260, 185 P. 87. For the reasons herein stated, the judgment of the court below should be reversed and the cause remanded to the trial court, with instructions to disallow the item of $600 asked by the guardian in case No. 8583, then pending in this court, to disallow the item of $1,500 to the guardian in the case against the former guardian, Steinhorst, to disallow the $1,200 heretofore awarded the guardian in the C. E. Roth Case, to disallow the item of $500 requested for the payment of the attorney for drawing and filing the final report of the guardian, De Lozier, and to reduce the item of $4,000 requested as attorneys' fees in the Steinhorst Case, to $1,000, to be paid out of the Alice Aubrey interest,
In cases of purely equitable cognizance this court may examine and review the evidence, and if the evidence and decision of the trial court clearly appear to be against the weight of the evidence, the judgment will be reversed. Coley v. Dore, 56 Okla. 442, 156 P. 164. Mitchell v. Leonard, 55 Okla. 626, 155 P. 696. And in equitable actions this court will weigh the evidence and if the judgment of the trial court is clearly against the weight thereof, will reverse the cause and direct the rendering of such judgment as ought to have been rendered in the first instance. Pelham Petroleum Co. v. North, 78 Okla. 39, 188 P. 1069.
Schock v. Fish has been followed and approved by an unbroken line of decisions. See Tucker v. Thraves, 50 Okla. 691, 151 P. 598; Wimberly v. Winstock, 46 Okla. 645, 149 P. 238; Jolly v. Fields, 65 Oklahoma, 166 P. 117; Hawkins v. Boynton Land, Mining Inv. Co., 59 Okla. 30, 157 P. 753; Clayton v. Oberlander, 59 Okla. 35, 157 P. 929; Coley v. Dore, 56 Okla. 443, 156 P. 164: Mitchell v. Leonard, 55 Okla. 626, 155 P. 696; Jones v. Thompson, 55 Okla. 24, 154 P. 1139; Rees v. Egan, 66 Oklahoma, 166 P. 1038; City of Chickasha v. O'Brien, 58 Okla. 46, 159 P. 282; Mathews v. Sniggs, 75 Okla. 108, 182 P. 703. This court in an action at law will not review the alleged errors of the trial court in instructing or refusing to instruct the jury, unless requests were made and objections and exceptions saved as provided by the statutes, but in equity cases the verdict of the jury is merely advisory.
Such representations rarely induce a man to enter into a contract without negligence on his part in not ascertaining from other sources as to whether such representations are true or false. The law does not deny its aid in such cases because it looks upon a want of candor and sincerity with indulgence, but because it will not encourage that indolence and inattention which are no less pernicious to the interests of society, and will not relieve those who suffer damage by reason of their own negligence or folly. Coley v. Dore, 56 Okla. 443, 156 P. 164; Hazlett v. Wilkin, 42 Okla. 20, 140 P. 410; 12 R. C. L. 44; Camp v. Camp, 2 Ala. 632, 36 Am. Dec. 423; Rockafellow v. Baker, 41 Pa. 319, 80 Am. Dec. 624; 20 Cyc. 51. The allegations in the petition amounting to no more than a declaration of value, without any representation as to the elements of value, do not state a cause of action, and the testimony offered, being to the same effect, does not prove a cause of action.