City Trust, Safe Deposit & Surety Co. of Philadelphia v. Lee

Mr. Presiding Justioe Ball

delivered the opinion of the court.

The first contention of plaintiff in error is that the trial court erred in refusing to give to the jury the three instructions which it tendered. These instructions in varying forms told the jury that if they found the defendant was induced to sign the bond by reason of the answer of “ Eighty-five dollars per month,” to the question as to the amount of salary or commission to be paid Morrow, that such answer was false, and the defendant did not know that it was false at the time it issued the bond, then they should find for the…