Bailie v. Parker

Appellants brought this action to recover damages for fraudulent misrepresentations in the sale of certain lands in Oregon. At the conclusion of their case, respondents challenged the sufficiency of the testimony and moved for a dismissal, which motion was granted, and a motion for a new trial being denied, plaintiffs appeal.

Upon reviewing the record we are of the opinion that the court was in error in sustaining the challenge and dismissing the action. The evidence was to the effect that respondents represented the land as being tillable and suitable for irrigation, with water rights; that…