Farmers Elevator Co. v. Fristad

This is an appeal from an order of the district court granting a new trial. The complaint alleges that on the 23rd of October, 1923 the defendant sold to the plaintiff 105 bushels of flax, falsely and fraudulently representing himself to be the owner thereof; that the plaintiff relying upon the representations of the defendant paid the latter $216.30. It then alleges that in truth 'and in fact the flax was the property of one Iver Sakshaug and was sxxbject to a chattel mortgage previously given by said Iver Sakshaug to the Bingenheimer Mercantile Company as security for the payment of…