Wagner v. Morris

OPINION

COHEN, Justice.

Appellants brought suit against the ap-pellee, the estate of Paul McConnell, deceased, and Cottonwood Builders, Inc. claiming fraud and violation of the Deceptive Trade Practices Act, asserting that the defendants misrepresented the interest rate on the note the appellants assumed to purchase their home from the appellees as being only 9.875% when, in fact, the interest rate was 10.5%. At the conclusion of the plaintiffs’ ease, the district judge withdrew the case from the jury and granted a directed verdict in favor of two defendants, McConnell and Morris. A judgment in…