Terzian v. Carlson

Plaintiff appeals from an order denying Mm a new trial as to defendant C. J. Carlson and granting the other two defendants a new trial. As the new trial was not .granted for errors of law exclusively, that part of the order is not appealable; and the only question presented is Avhether the court erred in refusing to grant a new trial as to defendant C. J. Carlson.

The gist of the action was fraud and misrepresentation in respect to the location and value of five lots which plaintiff was induced to receive as part payment for a rooming house he transferred to defendant Birkland. When the case…