Given v. Powell

Per. Curiam:

Defendant appeals from a judgment in an action for damages for fraud and deceit in connection with the sale of stock, of the Rubber Company of America. He was a promoter, and engaged in the sale of stock of said company.

There was a sharp conflict of evidence as to the character of the representations made. At the close of plaintiff’s case there was no direct evidence that, even if defendant made the *560representations testified to by plaintiff as to the amount of capital stock which had been sold for cash, the price paid therefor, as to the existence of large orders for goods…