Comstock v. Shannon

This is an action for fraud in the sale of real and personal property and the business of conducting an inn for summer boarders. Trial was by jury. The case is here on plaintiff’s exception to the granting of defendants’ motion for a directed verdict and judgment for the defendants made at the close of the plaintiffs’ case.

In passing upon a motion for a directed verdict the evidence must be viewed in the light most favorable to the plaintiffs and the effect of modifying evidence is to be excluded. Appleyard Motor Transportation Co. v. Ray Co., 115 Vt 519, 520, 66 A2d 10. Viewed in this light…