Yoder v. Nu-Enamel Corp.

JOHNSEN, Circuit Judge.

The action is one under Nebraska law for fraud in inducing plaintiffs (1) to purchase a wholesale paint-distributing business and four retail stores, all of which defendant was itself operating at the time as an outlet for its paint products, and (2) to make expenditures of time and money in attempting to carry on the misrepresented business.

The trial court directed a verdict for defendant at the close of plaintiffs’ evidence, on the ground that the damages which plaintiffs were attempting to claim were not such as could be recovered for fraud in the sale of property…