Stein v. Treger

McAllister, circuit judge.

Appellee, Ely J. Treger, brought an action against appellant partners for damages sustained from claimed misrepresentations in the sale of whiskey. He received a verdict from a jury, and appeal is from the judgment entered thereon. Appellants claim that the verdict was against the weight of the evidence, and that the trial court erred in failing to instruct the jury that appellee should have made his *697own investigation of the facts and was not entitled to rely upon the alleged representations.

The evidence disclosed that during June, 1946, when, because of scarcity, it…