Smith v. Badlam

This is an action of fraud and deceit, in which it is alleged that the plaintiff was induced to buy an apple orchard by the false and fraudulent representation of the defendant that the orchard contained 3500 trees, whereas it only contained 2500 trees, as the defendant knew or ought to have known. Yerdict and judgment were for the plaintiff, to which the defendant excepted.

At the close of all the evidence the defendant moved for a directed verdict upon the ground that there was no evidence tending to show scienter. To the overruling of his motion the defendant excepted.

Scienter implies…