Jeck v. O'Meara

* NOTE: Opinion filed at September Term, 1936, April 21, 1937; motion for rehearing filed; motion overruled at May Term, 1937, June 30, 1937. Action for damages for alleged fraud and deceit. On a jury trial plaintiff had a verdict and judgment for $15 775.67 actual damages, including interest, and $10,000 punitive. Motion for a new trial was overruled, after a remittitur of $2500 of the punitive damages, and defendants appealed.

Defendants assign error (1) on the overruling of their demurrer to the petition; (2) on the refusal of their separate peremptory instructions, at the close of the…