Kirkland

The two actions above entitled were tried upon the same evidence, although there was in .the trial court no order for their consolidation. There is here, however, a stipulation that they may be heard together, and the appeals stand before us under one number. The cases will, therefore, be treated in a single opinion.

Each of the plaintiffs was at one time a stockholder in a certain corporation. The stock holdings of each were advertised for sale for unpaid assessments. Defendant purchased at the assessment sale the stock thus advertised. Shortly thereafter plaintiffs repurchased the stock from the defendant at a total paid price of $650. It transpired that the assessment sale was void and plaintiffs commenced the above-entitled actions for the purpose of recovering from defendant the amount named. In the respective actions plaintiffs had judgment and defendant appeals.

The complaint in each of the actions contains the following allegations: “That defendant then and there,” that is, when the sale was made by him to plaintiffs, “represented to plaintiff that the said sale of plaintiff’s shares [at the assessment sale] was a good and valid sale and that he, defendant, then and…