Hull v. Geary

Robinson, Judge:

The trial court properly set aside the verdict and granted defendant a new trial. The assignments of error must be overruled and the case remanded.

The action is assumpsit for recovery on a warranty. The warranty was to the effect that certain stock in a corporation, which defendant transferred to plaintiff as part payment for real estate conveyed to the former by the latter, was worth the face value of the shares.

The jury found a verdict in favor of plaintiff for the face value of the shares, with interest. On the question of the actual value of the stock at the time of the…