Judgment and orders reversed on the law and as a matter of discretion and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
In this action for damages for fraudulent representations to a purchaser regarding the condition of a house by the owner and seller, plaintiff proceeded upon an erroneous measure of damages. At the close of the evidence defendant's counsel moved for a nonsuit basing his motion principally upon plaintiff...
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