146 Minn. 146 | Minn. | 1920
This is an action for deceit in which plaintiffs had a verdict and defendant appeals from an order denying his alternative motion for judgment notwithstanding the verdict or for a new trial. Defendant contends: (1) That plaintiffs are not the real parties in interest; (2) that the finding that defendant fraudulently misrepresented the character and condition of the land is not sustained by the evidence; (3) that the damages are excessive.
On June 15, 1915, George 0. Eistvedt, the father of the plaintiffs, entered into a written contract with- defendant, by which he agreed to convey to defendant a stock of merchandise at Kenyon, Minnesota, and defendant agreed to convey to him in exchange therefor five parcels of land in the state of North Dakota, subject to mortgages thereon in the sum of $6,050. Two or three days later, for the purpose of executing the contract, the five parcels of land were conveyed to plaintiff William Eistvedt, and the stock of merchandise was delivered by him to defendant.
Order affirmed.