Byard v. Holmes

This is an action on the case, for deceit. The declaration, to which there is a general demurrer, contains four counts, the first three alleging deceit, <fcc., on the sale of certain oil stock, and the fourth- on the sale of certain oil lands.

The action being grounded on fraud in the defendant, concurring with damage to the plaintiff resulting from that fraud, to maintain it, the plaintiff must allege, with reason*297able certainty, and be prepared to prove, at least these three things: 1. That the defendant made some representation to the plaintiff, meaning that he should act upon it. 2. That…