Miller v. Braun

The opinion of the court was delivered by

Fatzer, J.:

This was an action to recover damages for fraudulent misrepresentation of the nature of an electrical power transmission easement across the backyard of a dwelling property the defendant sold to the plaintiffs. The case was tried to a jury which returned its verdict in favor of the plaintiffs for $3,000. The district court overruled the defendant’s motion for a new trial, and he has appealed.

The defendant developed a tract of real estate in Johnson County upon which he built new residence dwellings for sale. He first advertised the til-level…