Hyma v. Lee

Plaintiffs brought this action to recover damages, claiming that they had been injured by misrepresentation, fraud and deceit, on the part of defendant Lee. Motion to dismiss the declaration was filed on the ground that plaintiffs’ pleading was insufficient to allege a cause of action against either defendant. The motion was granted, the court being of the opinion that plaintiffs had not charged actionable fraud. Prom the order entered plaintiffs have appealed.

In determining the issue before us we have in mind the general rule that all material facts properly pleaded must be accepted as true.…