Patch v. Cashman

The judge before whom the case was tried without a jury determined that through the fraud practised by the defendants, a firm of brokers, the plaintiff had been misled in the purchase of certain stocks as specified in the record, and he assessed damages and ordered judgment accordingly. The finding, if warranted, is conclusive. American Malting Co. v. Souther Brewing Co. 194 Mass. 89. The plaintiff upon discovery of the misrepresentations could affirm the sale, retain the stocks, and without a tender recover damages, in an action of tort for the •difference in value at the time when she…