Cooper v. Bartlett

This was a suit by the appellant to rescind, for fraud and false representation, a contract under which the appellant purchased from the appellees a certain horse, and, in payment therefor, executed to the appellees his promissory note.

The only question urged for the reversal of the judgment of the circuit court is upon the overruling of appellant’s motion for a new trial on the ground of newly discovered evidence. An objection to our entering upon a consideration of the question is made because of the contention that the evidence introduced at the trial is not in the *694record. The record…