Unke v. Thorpe

The complaint of the plaintiff, W. E. Unke, prays for damages because the defendants, F. L. Thorpe and C. W. Waters, who had agreed in writing to sell and deliver to him “600 to 800” bushels of álfalfa seed, delivered to him only about 301 bushels of such seed. The defense that the contract was induced by fraud was sustained by the trial court and judgment dismissing the action was entered. The principal assignments question the sufficiency of the evidence to support the findings, and whether the findings support the judgment. Because we have concluded the undisputed facts reveal that…