Indianapolis, Peru & Chicago Railroad v. Tyng

— This is an appeal from a judgment entered upon the report of judge Sutheeland as a referee. The following statement by the respondent’s counsel, of the averments in the pleadings and of the facts established on the trial, is adopted as a correct exposition of the material facts.

“ The complaint charged that, by false representations, the defendant induced the plaintiffs to purchase, through his *194instrumentality, two locomotives, called the ‘ Maryland ’ and ‘ Waterford,’ at $26,000, as the lowest attainable price, and for that purpose obtained from the plaintiffs the $26,000, and also $500, as…