Koen v. Cavanagh

UDALL, Justice.

The sole question presented by this appeal is whether the trial court erred in taking the case from the jury and directing a verdict for the defendants.

J. H. Koen and Marie Koen, his wife, plaintiffs-appellants, brought this action to recover $500 paid by them to Bert Cavanagh et ais., defendants-appellees, as a down payment and earnest money on the purchase of certain realty, located at 3307 N. 19th Avenue, a part of what is commonly known as the Carlton Estates in the city of Phoenix. The complaint alleges actionable fraud and misrepresentation. The parties will hereinafter…