Peyton v. Rylee

Grice, Justice.

In amplification of his grounds of the motion the plaintiff in error makes the specific point that the court should have charged the jury that in order for complainant to prevail, she must, promptly on discovery of the fraud, restore or offer to restore whatever she has received by virtue of the contract, he contending that the undisputed evidence showed that a moneyed consideration had been paid, and that there had been no restoration and no offer to restore. The judge dealt with this question in his order, as shown by the preceding statement of facts. He was of the opinion…