Heise v. Pilot Rock Lumber Co.

(Pro Tempore)

This is an appeal by defendant from a judgment in favor of plaintiffs for $3,122 and costs and disbursements, based upon a jury verdict entered in the circuit court of Grant county in an action based upon alleged fraudulent misrepresentation and concealment by the defendant as to the quantity of timber sold by plaintiffs to defendant. In addition defendant appeals from the orders of the trial court denying defendant’s motions for judgment n.o.v. and for a new trial.

In its first assignment of error defendant claims the court erred in not sustaining its demurrer to plaintiffs’…