Universal CIT Credit Corporation v. Sohm

HENRIOD, Chief Justice:

Appeal from a judgment for damages in an action of deceit based on alleged wilful misrepresentations in connection *263with the sale of a new-type electronic stove. Reversed with costs to defendants.

In our opinion the only clear and convincing aspect of this case is that the alleged wilful deceit clearly was not proved by a clear preponderance of the evidence.1 The trial court obviously was convinced that plaintiff should recover, but such conclusion, in our opinion, could not have been arrived at by clear and convincing evidence adduced at the trial, so that the Court’s…