Nelson v. Van Schaack & Co.

Nelson sued Yan Schaack & Company, a corporation, hereinafter called the company, to enjoin foreclosure of a deed of trust and to recover damages in the sum of $18,000 for alleged fraudulent representations. The cause was tried to a jury, and at the close of plaintiff’s evidence, defendant moved for judgment of nonsuit, which was granted. Nelson brings the cause here on writ of error to review the judgment.

The controversy grew out of a written contract between the parties, made in September, 1926, for the exchange of improved real estate all in the City and County of Denver. At that time,…