Sciano v. Hengle

The defendants do not attack the findings that the representation was made as found by the jury, at least as to the goods in the basement; that the stock was largely unsalable; that defendants knew the representation was false; and that the defendants made the representation with intent to defraud the plaintiff. The defendants do claim that there is no credible evidence to support other findings.

Defendants assert that as a matter of law, plaintiff, in the exercise of ordinary care, should have discovered the falsity of the representation. The circuit court considered that the evidence…