Ayres v. Nopoulos

The petition as filed contained three counts. The first count alleged that the contract of sale was null and void, by reason of the fact that plaintiff’s ward was insane at the time the written contract of sale was executed, and that defendant knew of Ayres’ mental unsoundness. The second count predicates the recovery of the purchase price on the ground of fraud and misrepresentation. The third count alleges failure of consideration.

The first count only was submitted to the jury. Thirty - three assignments of error are presented by the appellant; but, for the sake of brevity, we deem it…