Shaw v. Newingham

Opinion by

Mr. Justice Frazer,

Eight plaintiffs sued in assumpsit averring they were jointly engaged with defendant in a business venture involving the purchase of oil and gas property in Kentucky and contributed in unequal proportions to a common fund amounting to $32,000, $1,000 of which was to be used for expenses and the balance for the purchase. The substance of plaintiffs’ claim is that defendant falsely represented the property in question could be purchased for not less than $31,000, while, as a matter of fact, the actual consideration paid was $4,000 and defendant, who had charge of…