Knerzer v. Worthing

The trial court was led to the conclusion that he must reverse the answers of the jury to the third and fifth questions supra because, from those allegations in the complaint quoted above; the statements therein must be reasonably construed as fixing the limit of plaintiff’s belief in any representations by defendant as to cultivated acreage at no more than 120 acres. That though defendant made a representation that there were 130 acres, yet plaintiff, by his own admissions not believing it, could not in law say that he relied upon it, and that therefore one of the essential elements in an…