Raisor v. Jackson

Clay, Commissioner

Reversing.

This suit was brought by appellant, the buyer, to recover damages for the seller’s breach of a contract to convey real estate. Following the trial Court’s instructions, a verdict was returned in appellant’s favor for nominal damages of $1. These instructions authorized the jury to award substantial damages (the difference between the contract price and the reasonable market value of the property) only in the event it found appellee acted in bad faith and was guilty of positive or actual fraud. The question before us is whether or not these instructions correctly…