Rush v. Autry

Hawkins, Justice.

1. Paragraph 12 of the petition as amended sought to charge the defendants with fraud, in that it alleged that at the time of the auction and sale the auctioneer was selling tracts and parcels of the defendant Rush’s land at certain prices per acre; that all of the several sales had auctioned off 40-acre tracts which had been selling for the approximate price of $1,500 per tract or parcel of land; that the auctioneer placed at auction the tract or parcel of land claimed to have been purchased by the plaintiff without informing him or the persons in attendance that this tract…