Moller v. Mallory

This is an action to recover damages on account of an ¡alleged fraud perpetrated by the defendants upon the plaintiff in a transaction concerning the exchange of certain real estate. There is a direct conflict in almost every essential and material.question of fact in'the evidence, but, the jury having accepted plaintiff’s theory of the case, the facts will be stated accordingly.

Plaintiff was a farmer residing at Burwell, Nebraska. He was more or less a buyer and seller of real estate, mostly carrying out his transactions through the aid of a real estate man in Omaha named Patzman. He had…