Strother Ford, Inc. v. Bullock

On Motion for Rehearing.

It is respectfully submitted that the refusal to direct a verdict as to fraudulent misrepresentation was harmful because the jury award of damages was predicated on a rescission of the contract. It is urged that the measure of damages in a trover action will not authorize the award under the facts of this case. We disagree.

The evidence here demanded a finding of conversion.

"As between the original purchaser and seller the agreed contract price is prima facie evidence of actual value and in a trover action is sufficient, in the absence of evidence to the contrary, to…