Burns

Plaintiff recovered judgment for damages in this action for fraud and deceit practiced upon him by the defendants inducing him to buy twenty-five cemetery lots (called sections) for speculation at the price of $165 per lot. The measure of damages applied by the court was the difference in actual value of the property at the time this action was commenced and what it would have been worth at that time had the defendants’ false representations been true and had the fraudulent promises been performed. No question is raised as to the measure of damage applied and no question is or was made as to the sufficiency of the evidence to show that the property would have been worth at least $165 per lot at the time suit was commenced if the representations and promises had been true and performed. In fact, this was a stipulated fact at the trial. Appellants’ sole point upon this appeal is that there was no substantial evidence to support the court’s finding that the actual value of the lots at the time suit was commenced was but $10, making the total damage awarded plaintiff $155 for each of the twenty-five lots.

Upon this question the defendants produced several witnesses who fixed the…