Smeade
Smeade v. Rosen
Opinion
Lead Opinion
Jamison, J.
Plaintiff brought this action to rescind a contract for the sale of real estate entered into with defendant Robert R. Fraser, and for damages in the event that the property conveyed by virtue of said contract could not be reconveyed to her. She-alleged that the conveyance of said property was secured from her by the fraud of the defendants, all of whom had entered into a conspiracy to defraud, her of said property. Defendants Louis Rosen and Ida Rosen answered denying the allegations of fraud and conspiracy. Upon the trial of said cause judgment was rendered in favor of plaintiff against defendants Robert R. Fraser and Lydia Fraser for $2,080 and costs, in favor of Louis Rosen and Ida Rosen for their costs and that plaintiff take nothing by her action against them, and in favor of H. D. Winger and H. D. Winger Company, for costs. Plaintiff filed a motion for a new trial, which was denied and plaintiff appealed from that portion of the judgment denying relief against defendants Louis Rosen and Ida Rosen. This appeal is brought up on a bill of exceptions, none of the evidence being contained therein.
Appellant’s contention is that the findings dó not support the judgment. The court…