Wheeler v. Randall

This was an action, brought by Randall, against Wheeler, for deceit, in making false and fraudulent representations in selling a flock of sheep. The plaintiff recovered a verdict and judgment, from which the defendant appealed.

It is true, as urged by the counsel for appellant, that the defendant is not liable in an action of this character, merely on the ground that the representations were false. He must have known them to be false, in order to constitute fraud. On this ground, some of the instructions given for the plaintiff were defective, but the defect was so amply remedied by those…