Pepin v. Retail Discount Ass'n

JOHNSON, Chief Judge.

This is an appeal from an order granting the plaintiff-appellee’s motion for a new trial.

The order granting the new trial limited the issues to be retried primarily with respect to the issue of fraud.

It appears that the appellee sold a national franchise agreement to the appellants and took in payment therefor the promissory note of the appellants for $35,000.00. This note was later discounted to a Bank, but this fact is not a material factor in this case.

The business for which the national franchise was sold to appellants, apparently was a failure, at least where tried…