Potts v. Jones

Citations

• 140 Pa. 48
• 21 A. 240
• 1891 Pa. LEXIS 800

Syllabus

<p>In trover for the conversion of a horse, where an issue is raised by the testimony as to whether the plaintiff had traded his horse to the defendant or not, an instruction, that “ plaintiff is not entitled to rescind the trade and reclaim the horse, unless defendant perpetrated a fraud upon him,” would be error, the point assuming the question of fact in dispute.</p>