Heffington v. Tichenor Et Al‪.‬

FLANAGAN, Chief Judge. This action was brought by the appellant to set aside a contract for the purchase of certain real estate, deeds given as partial consideration therefor, and for damages, all on the basis of alleged fraudulent representations on the part of appellees. Trial to the court without the intervention of a jury resulted in judgment for appellees that appellant take nothing. Error relied upon for reversal is the overruling of appellant's motion for a new trial which charges that the decision is not sustained by sufficient evidence and is contrary to law. The appeal being from a negative judgment the assignment that the decision is not sustained by sufficient evidence presents no question. Wilson, Adm'x, v. Rollings, 1938, 214 Ind. 155, 14 N.E.2d 905.