Manufacturers' Oil & Grease Co. v. Averett

To defeat the alleged contract, the defendant sets up actionable fraud or deceit in the procurement of the contract. The court below was of the opinion that defendant’s evidence was not sufficient to be submitted to the jury upon an issue of fraud. We cannot so hold. On the issue of fraud, the burden is on the defendant to satisfy the jury of the fraud by the greater weight of the evidence or a pre- ponderanee of the evidence. McNair v. Finance Co., 191 N. C., 715. Not so where it is proposed to correct a mistake in a deed or similar canse — -the quantum oí proof. The evidence must be clear,…