Gates v. Levers

Plaintiff brought this action to recover from defendant money he had paid for a house trailer under a conditional sales contract, basing his action on misrepresentation and fraud, followed by rescission. Defendant demurred to the complaint, and said demurrer being overruled filed his answer denying misrepresentations. The action was tried by the court sitting without a jury, and at the conclusion of plaintiff’s evidence defendant made a motion for a nonsuit. The court suggested that it would take the motion under submission and would hear defendant’s evidence. Defendant, however, declined to…