Debow v. Nelson

This appeal presents for our review only one point; it is thus stated by the appellant:

‘ ‘ The plaintiff in his complaint failed and neglected to allege that the said H. E. Nelson, in making said alleged false and fraudulent representations, then and there personally knew that the said representations so alleged to have been made by defendant were false, fraudulent and untrue. * * * Can appellant challenge the sufficiency of the complaint, or its validity for the first time on appeal?”

The complaint alleges the negotiations that preceded the purchase of the automobile, and the particulars…