Spazier

The plaintiffs each sued defendants for damages for fraud. The actions were consolidated for trial and were tried by the court without a jury and each plaintiff had a judgment. The defendant Spazier alone prosecutes these appeals upon typewritten transcripts and both appeals are presented on the same record.

The plaintiffs charged a conspiracy on the part of the defendants to induce them to purchase fifty shares each in the Peninsula Title Guarantee Company at the price of $5,000; that defendant Spazier represented that he planned to incorporate a title insurance company which would take over all the plant of the title company and that the stockholders of the title company would take three shares of stock in the new corporation for one held in the title company; that defendant Spazier, “pursuant to and in furtherance of the said conspiracy”, made representations to the plaintiffs as to the value of the stock and plant of the title company which were untrue, and which, if true, would have made the stock of the title company worth $400 a share; that said shares “were and now are worthless and of no value whatever”; and that each plaintiff was therefore damaged in the sum of $5,000.…