Lester v. McLean

The pleadings and stipulations have settled all matters in dispute in these cases except the defendant’s counterclaims. If evidence of fraudulent misrepresentation was sufficient to raise a jury question, then the trial court committed error in granting the motions for judgment of nonsuit on the counterclaims and a new trial should be awarded. On the other hand, if the defendant’s proof of fraud was insufficient to go to the jury, then, of course, the trial court was correct and the judgments should stand.

While details are unnecessary, a few of the essential facts constituting the background…