Newman v. Kendall

This is an action of tort for fraud in the exchange of real estate. There was trial by jury and a verdict for the plaintiff. The defendant excepted.

The parties exchanged properties, and in the exchange the plaintiff received from the defendant a pasture and timber lot at the price of $5,000. About one hundred and fifty acres of the lot was pasture and about one hundred acres was timber land.

The plaintiff’s evidence tended to show that, as an inducement to him to take the lot at $5,000, the defendant represented and guaranteed to him that there were 400,000 feet of old growth merchantable…