57 Ind. App. 371 | Ind. Ct. App. | 1914
This action was for damages occasioned by reason of false and fraudulent representations made by appellant at a public sale of livestock on November 10, 1910, at his farm in Johnson County. Appellee charged in his amended comnlaint of two paragraphs that twenty-two hogs - bought by him for $107.80 at this sale were afflicted with
It is first asserted that the verdict is not sustained by sufficient evidence, and is contrary to law, for the reasons that fraud is never presumed, but must be clearly proved, and that the evidence does not show that the hogs sold to appellee, at the time of the sale, or thereafter, had cholera, or that if they had cholera, appellant either knew it at the time of the sale, or recklessly stated as a fact that they did not have cholera, when examination would have shown that they did, that the evidence rather shows that by examination he could not have determined that his hogs had cholera on the day of the sale.
We find no cause for reversing the judgment. Judgment affirmed.
Note.- — -Reported in 107 N. E. 81. As to actions for recovers, for false representations, see 18 Am. St. 555. As to damages recoverable for fraud and deceit in selling diseased animals, see 34 L. R. A. (N. S.) 697. See, also, under (1) 3 Cyc. 351; (2) 20 Cyc. 122; (3) 20 Cyc. 27; (4) 20 Cyc. 142; (5) 20 Cyc. 127; 38 Cyc. 1602; (6) 20 Cyc. 139; (7) 20 Cyc. 144; 10 Cyc. 1112; (8) 17 Cyc. 66; (9) 17 Cyc. 244; (10) 20 Cyc. 118; (11) 20 Cyc. 115; (12) 38 Cyc. 1444; (13) 17 Cyc. 288.