Koch v. Lidberg

Julius J. Olson, Justice.

This was an action to recover damages for fraud and deceit claimed by plaintiffs to have been practiced by defendants in making sale of an 80-acre farm to plaintiffs. There was a jury trial, and plaintiffs recovered a verdict of $1,000. Defendants moved for judgment notwithstanding the verdict, but made no motion for a new trial. That motion having been denied, judgment was entered in conformity with the verdict, and defendants have appealed from the judgment.

The issues of fact as the trial court viewed them were stated in its instructions to be substantially these:

“Th…