Dittbrenner v. Myerson

Ellen Dittbrenner brought action below against Louie Myerson and others, charging fraud in connectiq>n with the sale of real estate. The trial court denied relief and plaintiff urges reversal upon the ground that the court misconstrued the issues of fact and law and that the evidence conclusively discloses actionable fraud. In this situation it becomes necessary that we examine the evidence and ascertain if the trial court properly conceived the law of the case and, if not, whether its decree is supported by the evidence under a proper conception of the law. Davis v. Pursel, 55 Colo. 287, 134…