Lembeck v. Gerken

The opinion of the court was delivered by

Kalisch, J.

The defendant seeks a new trial in this case chiefly for the reason that under the law applicable to the undisputed facts therein, the trial judge should have ordered a nonsuit or directed a verdict for the defendant. The trial resulted in a verdict for the plaintiff for $6,000.- The action was one for deceit. The defendant made a contract with one Matthew F. Smith, the undisclosed agent of the plaintiff, whereby the defendant agreed to convey to Smith a block of land, designated as block 36 on a map of the Atlantic Coast *113Realty Company at…