Legler v. Tyler

Giving the most favorable construction that we can to this complaint, we nevertheless fail to find a cause of action therein stated.

No fraud or collusion between Jacobs, with whom the plaintiff made the exchange of property, and the defendants is alleged or suggested. The delay in plaintiff's obtaining immediate possession of the property of Jacobs for which she exchanged hers is not chargéable to defendants.

That defendants would obtain in the future a purchaser of the property acquired by plaintiff in the exchange was not an assertion upon which plaintiff can predicate an action for fraud.…