Cole v. Gerhart

MOLLOY, Judge.

This is an appeal from an order granting a new trial in a civil action arising out of the sale of a 160 acre farm .in the “Kansas Settlement” area of Cochise Comity. A trial to a jury had resulted in a verdict in favor of the purchaser in the sum of $15,-000 on a complaint charging fraud in the inducement of said contract.

The fraud charged in the complaint was that the sellers had represented that the irrigation well upon the property was capable of producing 1,000 gallons per minute, and that the domestic well upon the property was capable of producing all of the domestic water…