F. F. Vandevort & Co. ex rel. Vandevort v. Wheeling Steel & Iron Co.

Citations

• 194 Pa. 118
• 45 A. 86
• 1899 Pa. LEXIS 743

Syllabus

<p>Evidence — Fraud—Province, of court and jury.</p> <p>When facts are to be found from testimony or inferred from other proved facts or circumstances in the cause, or when general inferences of fact are to be drawn from all the evidence relating to a given question or subject, it is the duty of the jury and not of the court to make such findings and draw such inferences and conclusions of fact.</p> <p>In an action to recover commissions on sales, where defendant alleges bad faith on the part of the plaintiff, but the facts upon which the alleged fraud is based are neither admitted, nor clearly established by undisputed evidence, the court cannot withdraw the case from the jury, although the evidence for the defendant strongly tends to prove the alleged bad faith of the plaintiff.</p>