Labs v. Farmers State Bank

Blackledge, District Judge.

This is a law action originating in the district court for *131Douglas county and was for the purpose of recovering damages on account of alleged misrepresentation in the sale to the plaintiff of a note and real estate mortgage in the sum of $5,000, in which it is alleged the defendants represented the same to be a first mortgage, whereas in fact it was a second mortgage, the first and prior mortgage being in the principal sum of $9,000.

At the trial, upon the conclusion of the evidence in plaintiff’s behalf, a motion for a directed verdict for the defendants was…