Blackman v. Howes

VALLEE, J. pro tem.

Appeal from a judgment of non-suit in an action for damages sustained by reason of fraud in the sale of real property. Appellants alleged that respondents induced them to purchase a vacant lot upon the false and fraudulent representation that the lot was a solid lot, when in fact it was a filled lot, with resultant damage. The trial was without a jury.

The sole question here is whether there is any evidence which required the denial of the motion for a judgment of nonsuit and it may be narrowed to the query: Is there any evidence that appellants relied upon the false and…