Telex, Inc. v. Henry A. Schaefer

HULEN, District Judge.

Appellant, as defendant, suffered an adverse judgment in the trial court for $26,945.52 based on a jury verdict, growing out of a claim of fraud in the sale by appellant of radio sets for use in hospitals to appellee. Appellant seeks reversal on the grounds—(1) the trial court erred in overruling its motion for a directed verdict, and (2) error in the instructions.

Appellee, a man 58 years of age, with some business experience, residing in Birmingham, Alabama, answered an ad in the Birmingham paper in which it was stated that a franchise was available for the operation of…