Peake v. Thomas

Opinion of the Court by

Judge Dietzman

Affirming.

In this action for deceit brought by the appellant against the appellee the trial court, at the close of the appellant’s case peremptorily instructed the jury to find for the appellee.' From the judgment‘entered on that verdict, this appeal is prosecuted.

The parties to this litigation are brothers-in-law. In the summer of 1921 the appellant was the owner of a house and lot in Elizabethtown, which he was very anxious to sell. The appellee lived with appellant, and the latter, as the record shows, continually from the spring of that year until fall…