Metzger v. Baker

Plaintiffs in error are hereinafter referred t'o as plaintiffs and defendant in error as defendant.

Plaintiffs bought a Denver drug store of defendant, and one Phipps, for $10,000. They brought this suit for $5,000 damages which they alleged they had sustained by reason of false representations made to them in that sale. Phipps was not served and the cause went to trial against defendant alone. At the close of plaintiffs’ evidence the court sustained defendant’s motion for non-suit and entered judgment accordingly. To review that judgment plaintiffs prosecute this writ.

The answer contained a…