Weil v. Lynds

The opinion of the court was delivered by

Mason, J.:

Sol Weil brought an action against John H. Lynds for slander. A demurrer to the plaintiff’s evidence was sustained, and he appeals.

1. The words on which the action was based, as set out in the petition, were: “He embezzled one thousand dollars or more from me in the La Cygne transaction alone.” The evidence was that the defendant had said of the plaintiff that he “had embezzled a thousand dollars, or more than a thousand dollars, in the La Cygne transaction alone.” The defendant claims that there is a fatal variance between the allegation…