McLain v. Risser

Morling, J. —

I. Plaintiff’s principal contention here is that the court erred in instructing the jury as follows:

“You are instructed that it is uncontradicted that whatever agreement was made with defendant was made by James H. McLain and Marietta McLain jointly, and that, unless you find from the evidence that both, and not one merely, of said Mc-Lains were deceived and defrauded by false declarations, if any, of defendant, made by defendant while knowing their falsity, and with intent to deceive, your verdict must be for the defendant.”

It is material to ascertain the theory upon which the…