Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The trial court's charge as to the proper measure of damages in a fraud action was erroneous, insofar as it allowed the jury to award damages on the basis of what the property would have been worth if as represented. The correct measure of damages was stated elsewhere in the charge as being the difference between what the plaintiffs paid...
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