Smith v. Bifano

McDONALD, Chief Justice.

Plaintiff Smith brought this suit against defendant Bifano under Article 4004, Vernon’s Ann.Civ.St., to recover damages because of misrepresentations made by defendant to plaintiff concerning the foundation of a house which was purchased by plaintiff from defendant. By agreement of the parties the Trial Court submitted the case to the jury on a general charge. The jury found in favor of plaintiff and fixed his damages at $3,000. Plaintiff and defendant both filed motions for judgment. The Trial Court granted defendant’s motion for judgment non obstante veredicto.…