Polley v. Boehck Equipment Co.

Broadfoot, J,

The trial court found that the defendant represented to the plaintiff that the engine in question was a new unused engine. The jury determined that such repre*435sentation was false and that the defendant knew that such representation was false.

The defendant first contends that there was insufficient evidence to support those answers. The defendant states that in actions of deceit based on fraud the plaintiff must produce clear, satisfactory, and convincing evidence in support of his allegations. Our attention is directed to cases wherein this court has said that in this type of…