Ferro

This is an action brought to recover the sum of nine thousand one hundred dollars, claimed by plaintiff for alleged misrepresentation as to the value of certain shares of stock in the Theatre Improvement Company, a corporation, such misrepresentation being alleged as follows: “. . . defendant stated and represented to plaintiff that the capital stock of the Theatre Improvement Company . . . was worth the sum of One Hundred Thirty ($130.00) Dollars, and of the market value of the sum of One Hundred Twenty-five ($125.00) Dollars per share, and that it was then earning and paying dividends at the rate of one-half per cent per month or six per cent per annum on the par value of One Hundred ($100.00) Dollars per share, and then and there delivered to plaintiff a certain statement which defendant stated and represented to plaintiff was a true and correct statement of the financial affairs of said Theatre Improvement Company, which said statement was in words and figures as follows, to wit:

“ ‘ Trial Balance Theatre Imp. Co.

To August 1st, 1916, from May 1st, 1913.

W. T. Wyatt Co.............. . 3,345.

Central Bank........'......... 929.

Dividends.................... .…