Mullin

Action for fraud. Upon a trial by jury, judgment upon the verdict was entered in favor of plaintiff and against defendants for the sum of $15,500. The trial court thereafter denied defendants’ motion for judgment notwithstanding the verdict and denied defendants’ motion to tax plaintiff’s costs. Defendants appeal from the judgment and from the orders denying said motions.

This litigation arose out of a transaction in which plaintiff acquired defendants’ apartment house in 1927. In her com plaint plaintiff alleged misrepresentation of the size of certain apartments, misrepresentation of the income and expenses and a misrepresentation to the effect that the apartments on the lobby floor had been built according to law and had been inspected and approved by the municipal authorities. The apartment house, constructed in 1925, was a wooden structure consisting of three main floors of four apartments each and a lobby floor or ground floor or basement, as it has been variously termed, consisting of a lobby and two apartments. Under the original plans for construction there were no apartments on this lobby floor and the permits for construction and occupancy issued respectively by the…