Nelson v. Smith

— This action was brought by the plaintiff against his agent and the agent’s wife, defendants, to recover damages for failure of the agent to place money by way of a mortgage loan on certain improved real property, which, it was alleged, the defendant promised could, and would, be done, which money, it was alleged, was placed by the agent by way of mortgage loan on other real property that was unimproved and without any market value, without the knowledge or consent of the plaintiff. The answer was in effect a general denial. There was a verdict for the plaintiff. Defendants have appealed…