Hoovler v. Wolfe

— Plaintiffs’ action for damages is based upon the claim that certain representations and warranties were made to them by W. C. Horn, one of the defendants, in connection with the purchase by plaintiffs of a residence property. A jury was waived and trial was had to the court, A judgment was rendered against W. C. Horn. He filed a motion for new trial and later an amendment thereto. The only matters pertinent to this appeal are set forth in the amendment. The motion for new trial was overruled and defendant W. C. Horn has appealed.

In his amendment to motion for new trial Horn stated that it…