Bolibrzuch v. Gaffke

Plaintiff, affirming an exchange of certain interests in real estate, sued defendants, claiming damages for fraud in the exchange. He had verdict for $9,079, and, because of motion for new trial and conditional granting thereof and remittitur accordingly, judgment was entered for plaintiff for $6,000. Defendants bring error.

Variance between pleading and proof is contended. Plaintiff exchanged his property for eight certain lots and a small house and lot, and, at once dissatisfied with the house and lot, defendants gave him instead three other lots. The declaration avers fraud in respect of…