Stelwagon Mfg. Co. v. Elvidge

The appellee sued for damages resulting from a conspiracy to defraud. The evidence is ample, and indeed is not denied, justifying the trial court in submitting the issue of fraud and conspiracy to the jury. But complaint is made of the rule as to the measure of damages applied by the trial court. The court charged that, “if you find that two or more of the defendants are liable, you will then come to the question of damages; and tho rule is that you will award the plaintiff the difference between what the trade acceptance would have been worth if they had been as represented and what they are…