Karr v. Mahaffay

— The plaintiff, after rescinding on the ground of fraud, a contract to purchase land, brought this action to recover the consideration paid. The cause was tried to the court and a jury, and resulted in a verdict in favor of the plaintiff in the sum of $23,538.87. The defendants made a motion for judgment notwithstanding the verdict and, in the alternar tive, for a new trial. The court sustained the former motion and entered a judgment dismissing the action, from which the plaintiff appeals.

The facts which the jury had a right to find from the evidence introduced in the appellant’s behalf are…