MacKinnon v. Weber

This is an action at law for damages for fraud and deceit based upon alleged misrepresentations as to the acreage of a tract of land sold by defendant to plaintiff. Upon a trial verdict resulted in favor of defendant and judgment in due course followed. Thereafter the court granted plaintiff a new trial on the ground that the court had erred in giving two instructions on behalf of the defendant, and defendant appeals.

Since defendant urges here on appeal that plaintiff’s petition fails to state a cause of action, and that his demurrer offered thereto should have been sustained; and further…