Otte v. James

The plaintiff did not rescind his contract for the purchase of the stock. He sues at law for damages for fraud in inducing him to make the purchase. To entitle him to go to the jury, he was required to prove damage. He paid $75 a share for his stock. His witnesses testified that in their opinion the stock was worth that. The only effort to prove damage was in relation to the alleged representation that defendant ‘ ‘ thought it [the stock] would pay 20 to 30 per cent the first year; that he had investigated it, and that he knew this proposition was all right;” and that “if this wasn’t good,…