Seving v. Gale

— The only question before us in this case arises upon the action of the court below in sustaining a demurrer to the complaint, in which it was alleged that the plaintiff had sold and delivered to the defendant certain property, for the price of $8,000, to be paid in cash, one-third of which had -been paid, the defendant giving- his note for the balance of $2,000; that afterwards the defendant fraudulently and falsely represented that he could only pay the balance by selling the same property for $2,000, which was the utmost price which he could get; that the plaintiff was induced to believe…