Doyle v. Union Bank & Trust Co.

OpinioN on Motion for Rehearing.

(Filed July 24, 1936.)

It is argued on behalf of the plaintiff that, since the jury found on conflicting evidence on the issue of fraudulent repre sentation, plaintiff, even in the absence of any proof of damage, is entitled to have the cause remanded in order to recover at least nominal damages, and that therefore we should not order the case dismissed. In support of their contention that the case should not be ordered dismissed, counsel rely upon certain statements found in the opinion of this court in the case of State ex rel. La France Copper Co. v. District…