Judgment affirmed, with costs.
By written stipulation, the parties agreed that all the issues were to be tried by a jury. The trial proceeded on two basic issues: (1) defendant's counterclaim for damages for fraud and misrepresentation by plaintiff in inducing defendant to enter into the contract and (2) plaintiff's entitlement to specific performance. The Trial Justice directed that the first issue be decided by the jury. Subsequently, upon the same evidence submitted...
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