R. B. George MacHinery Co. v. Stark

Mr. Presiding Judge HARVEY

delivered the opinion of the Commission of Appeals, Section A.

This is an action for the recovery of damages for fraud, brought by H. W. Stark, the defendant in error against R. B. George Machinery Company, the plaintiff in error. The case was tried to a jury on special issues in June, 1930, resulting in a judgment for the Machinery Company. Stark appealed and the Court of Civil Appeals reversed the trial court’s judgniént, and remanded the cause. 41 S. W. (2d) 1023.

The fraud plead by Stark, as the basis for the actibip/is alleged to have occurred in a certain sale…