Shaw Supply Co., Inc. v. Morgan

VARIAN, J.-

— -Plaintiff brought this action upon a contract entered into compromising a certain action then pending between the parties in Twin Falls county. Defendant answered, denying the corporate existence of plaintiff, admitting the execution of the contract, and prayed rescission thereof upon the ground of fraud, material misrepresentations, etc. At the close of the testimony, defendant renewed a motion for nonsuit which was denied, the court granting plaintiff’s motion for an instructed verdict,

The first error assigned is that the court erred in not requiring plaintiff to prove its…