Dowden v. Kanuch

Action by the plaintiff, vendor in a contract for the sale of farm lands, against the defendant, vendee in the contract, for specific *76performance. There were findings for the plaintiff. The defendant appeals from the order denying his motion for a new trial.

The defendant alleged fraudulent representations made by the agents of the plaintiff relative to the character of the lands inducing the contract. The issue of fraud was submitted to a jury which found against the defendant.

The court charged that the burden of proving fraud rested on the defendant; that “the law presumes all men act fairly…