Neff & Fry Co. v. Ashmead

(after stating the facts as above). Appellant contends: (1) That the court erred in striking the defenses and counterclaims, because fraud in the procurement of a written contract is, within section 274b of the Judicial Code (28 USCA § 398), a proper defense in an action.at law, and may be established by oral proof; and (2) that the evidence of the single witness produced was insufficient to warrant the direction of a verdict for the full amount of damages claimed.

Appellee contends: (1) That, since the allegations of fraud on their face contradicted the specific terms of the written contract,…