Scheit v. Duffy

The question is whether the testimony, construed most favorably to the plaintiff, requires the submission of the issue to the jury.

The plaintiff alleges a conspiracy to evict him from his home. In order to prevail, he must produce testimony that defendants acted in concert and jointly assented to prosecution of the unlawful enterprise. “Disconnected circumstances, any one of which, or all of which, are just as consistent with a lawful purpose as with an unlawful undertaking are insufficient to establish a conspiracy.” 15 C. J. S., Conspiracy, p. 1047, sec. 30, and cases there cited. Although,…