Hewey v. Fouts

The opinion of the court was delivered by

Mason, J.:

In a petition for a rehearing it is strongly urged that the verdict was unjust, and was affected by erroneous trial rulings. Upon a careful reexamination this court remains of its former opinion that there was enough evidence of fraud on the part of the defendant to take that question to the jury, and that it was fairly submitted to them. The original opinion failed to mention one contention of the appellant, which is now renewed. The plaintiff bought goods of one Prince. He claims that he was defrauded by reason of misrepresentations made by…