Millette v. Barrett

Gawthrop, P. J.,

Defendants filed motions for judgment n. o. v. and for new trial after a verdict against both of them in an action for breach of contract based on fraudulent misrepresentation by the seller in the sale and purchase of a house and lot. At argument they withdrew the motion for judgment n. o. v., and now press the motion for new trial solely as to one item of damages, being the amount of counsel fees plaintiffs incurred in a separate lawsuit arising out of the false representation. Both motions must be overruled.

Plaintiffs contracted to buy from Willowbrook Construction Company…