Fisher v. Brotherton

— Plaintiff: sued to rescind a contract for the exchange of real properties executed on September 20, 1917. Judgment went for the plaintiff, from which the defendants have appealed on a bill of exceptions.

The complaint is based upon charges of fraudulent misrepresentations on the part of the defendant T. W. Brother-ton, who will hereafter be referred to as the defendant, inasmuch as the property exchanged was his separate property and his co-defendant took no part in the transactions. The complaint alleged that at the time of the exchange the plaintiff was the owner of certain real property…