Better Properties, Inc. v. Kocher

The complaint charged defendants with, fraud and misrepresentation in inducing plaintiff’s acceptance of the certificate of stock at its face value. The evidence did not show the existence of any fraud. The complaint was not formally amended setting out a cause of action based on contract or mutual mistake, but the trial court submitted to the jury the two questions quoted above. The testimony of the witnesses sustains the answers of the jury. From the evidence it clearly appears that when plaintiff solicited the work its agents were told that the defendants had no ready cash and were not…