Royce v. Watrous

Citations

• 7 Daly 87

Syllabus

<p>Where, upon the plaintiffs motion, a verdict has been directed against the defendant, to which the defendant has excepted, the facts to be considered in determining the propriety of that direction, are those specifically proven by the evidence for the defendant and those which may be reasonably inferred from that evidence, and if such facts contradict plaintiffs evidence and constitute a defense, the question of fact should be submitted to the jury.</p> <p>It is a defense to an action by a vendee for damages for non-delivery, that the vendee and a confederate were engaged in the attempt to obtain the sale and delivery of the goods for promissory notes of a third party known to them to be worthless, although the vendor, who discovered the fraud during the attempt, allowed the sale but not the delivery to be consummated, and with the intent only of securing possession of the notes as evidence of attempted fraud;—if such vendor at the trial tenders back the worthless notes.</p>