Pitzen v. Nord

Appeal from an order of the district court denying a motion for judgment notwithstanding the verdict or for a new trial.

This action was brought to recover the sum of $200, damages sustained on account of payment made on the purchase price of an oil burner and expenses incurred in removing the same. No evidence was introduced as to the latter item. Had plaintiff been successful, his recovery would have been for $86.97.

The gravamen of the complaint was a claim of false and fraudulent representations inducing plaintiff to enter into the contract. It is barely possible that a portion of the…