E. P. Reed & Co. v. F. C. Pinney & Co.

Appellants brought replevin against appellees to recover certain goods they claimed, on the ground that the sale and delivery thereof on credit had been induced by false representations made by appellees as to their financial condition. On the trial the court refused plaintiffs’ instructions asked, and gave, of his own motion, the following: “ The jury are instructed that if they believe from the evidence that the plaintiffs relied upon the statements of the defendant as to his financial condition at the time of the sale and delivery of the goods in controversy in this cause, and if the jury…