Davis v. Re-Trac Manufacturing Corporation

Sheran, Justice.

Appeal from a judgment of the district court.

A jury having returned a verdict in plaintiff’s favor for approximately $9,000 in a fraud action, and post-trial motions being denied, the basic issue raised in this court is whether the verdict is sustained by the evidence.

In Hanson v. Ford Motor Co. (8 Cir.) 278 F. (2d) 586, 591, the decisions of the Minnesota Supreme Court are carefully reviewed and the elements of the tort as defined by these decisions are accurately set out as follows:

“1. There must be a representation;

“2. That representation must be false;

“3. It must have to…