206 S.W.2d 466 | Ky. Ct. App. | 1947
Affirming.
John Scott and his wife, appellees, recovered judgment against two corporations, Evola Realty Company and Archer-Meder Corporation, appellants, for $1909 in damages for fraud alleged to have been practiced upon appellees in the sale of a house and lot. The corporations bring us this appeal.
Appellants contend that the judgment is prejudicially erroneous (1) because a verdict should have been directed for them and (2) because oral evidence tending to vary a written contract was improperly admitted on the trial and (3) because an excessive verdict was rendered.
In considering appellants' first two contentions, we made a close examination of the pleadings of this action in order to determine the legal nature of the cause. This suit was not on contract. It was on alleged fraud inducing a contract. And the record seems to incorporate evidence of more than one witness substantially tending to support appellees' fraud allegation. Therefore, the first two contentions of appellants must fail under these conditions. The factual situation of this case is analogous to the similar situations set out in the cases of Adams v. Fada Realty Co.,
Appellants' third contention is that the verdict was excessive. Appellees sought a total recovery of $2775 and the award was, as previously stated, for $1909 or the exact amount, according to the testimony of one Carroll V. Davis, required to rectify all the deficiencies of the house bought by appellees so as to make the *121
house equivalent to the particular representations said to have been made by appellants in inducing the contract of sale at its inception. Appellants offered no evidence whatever tending to show the amount necessary for these deficiencies to be less than the amount established by Davis. Therefore, the jury was justified in awarding the very damages established without contradiction by appellees. Booher v. Flowers,
Wherefore, having found no error within or preceding this judgment, the same is now hereby affirmed.