Smith v. Badlam and Anderson

This action was commenced on July 12, 1939, as an action of contract in the common counts, and a specification was filed setting forth the following: “ To 1000 trees at $3.00 $3000.00. ’ ’ On March 12, 1940, the plaintiff filed an amendment to his declaration by adding a count in tort alleging that the defendants induced the plaintiff to buy a piece of land having an apple orchard thereon by falsely representing, among other things, that there were 3500 trees in the orchard, when they well knew there was no such number of trees therein, and that such orchard contained only 2500 trees, all to…