Dunbar v. Preston

Opinion by

Mr. Justice Simpson,

Defendants appealed from a judgment entered on a verdict in favor of plaintiff, in an action of trespass for deceit, and assign as error only the refusal of their point for binding instructions, and the dismissal of their motion for judgment non obstante veredicto. Under such circumstances, all the evidence and inferences therefrom, favorable to plaintiff, must be taken as true, and all unfavorable to him, if depending solely on testimony, must be rejected: Mitchell v. City of New Castle, 275 Pa. 426; Fluke v. Lang, 283 Pa. 54.

The statement of claim sets forth…