Davies v. Cobb

Upon the trial in the court below, the plaintiff introduced evidence tending to show a purchase and sale of saltpeter as alleged in one or more counts of his declaration. The defendant admitted the non-delivery of the goods, but of- . ' fered evidence tending to show that the sale was only conditional, and that the plaintiff failéd to comply with the condition on bis part, thus controverting the claim of the plaintiff.

By the defendant’s fourth instruction the jury were told that to entitle the plaintiff to recover, he must prove every material allegation in his declaration by a preponderance…