Wendell Jensen v. Gail Sohler, D/B/A Stockmen's Livestock Auction Company, Donald Lepp

LAY, Circuit Judge.

Wendell Jensen brought this action against Gail Sohler d/b/a Stockmen’s Livestock Auction Company (Stockmen’s), for misrepresentation in connection with Jensen’s purchase of 81 heifers at Stockmen’s. Jensen alleged that some of the 81 heifers delivered to him were not the same heifers that he purchased. The jury returned a verdict in favor of Jensen and awarded damages of $19,500. Sohler on appeal contends the trial court erred in failing to grant his motion for a directed verdict on the ground there was not sufficient evidence from which the jury could find intentional…