Calhoun v. Davis

From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover money which defendant Gary Davis, hereinafter referred to as defendant, obtained by fraud from plaintiff, defendant appeals.

Facts: In October and November, 1948, defendant and his agent, Leonard B. Kinister, made false representations to plaintiff by reason of which plaintiff was induced to enter into a contract with defendant, dated November 23, 1948, whereby in consideration of plaintiff’s agreement to pay defendant $55,000, $10,000 of which was paid forthwith, plaintiff was assigned a…