Aylor v. McInturf

This is a suit to recover $5000 as the purchase price for the sale or assignment of a mining- lease. The defense interposed the Statute of Frauds and also alleged that the sale was induced by means of fraudulent representations on the part of plaintiffs. At the close of the latter’s evidence, the trial court sustained a demurrer and was about to have the jury return a verdict for defendant, when plaintiffs took a nonsuit with leave to move to set the same aside. This motion was afterwards made and overruled, and plaintiffs have appealed.

Defendant was a mine operator engaged in mining certain…