Bowers v. Edwards

Wines, D. J.,

concurring (in part) :

The critical issue of this action was disposed of by the trial court in this fashion — “That the essential elements of fraud and misrepresentation necessary to sustain plaintiff’s claim against the defendant were not proved by the plaintiff.” The record would belie this; proof was made, and we are left to conjecture whether the court intended saying that the proof was insufficient, or that it was not credible. This linguistic puzzle cannot be solved by reference to the transcript as that would involve weighing the evidence, nor are we in any manner assisted…