Kaufmann v. Delafield

Under the favorable inference rule upon a non-suit we must find that there was sufficient proof of a cause of action for fraudulent representations made out against defendant, which, undenied, would justify a recovery. This was properly so held at the trial. The cause was dismissed because of an alleged lack of damage proof, as the court viewed the evidence. We think that a sufficient showing of damage appeared to make a question for the jury as to its amount. Certainly a ruling that since plaintiff bought at market, he might also have immediately or soon thereafter sold at market for the…