Tompkins v. Perry

SPEER, Associate Justice.

— Minnie L. Perry, joined by her husband, sued W. F. Tompkins and recovered a judgment for damages for fraudulent misrepresentations concerning a tract of land sold by Tompkins to Minnie L. Perry. The alleged fraud consisted in pointing out other and more valuable land as the land conveyed.

The defendant, who has appealed, presents several assignments, none of which, however, we think it is necessary to discuss except the fourth, relative to the court’s charge on the measure of damages. The charge is as follows:

“But if you believe from the evidence that the defendant…