Potts v. Jones

Decided February 16, 1891

Supreme Court of Pennsylvania · decided 1891-02-16

2 OF PHILADELPHIA COUNTY. No. 169 July Term 1890, Sup. Ct.; court below, No. 156 March Term 1871, Old D. C. In March, 1871, William Potts recovered a judgment for $100 and costs against William Jones, in an action of trover and conversion brought before an alderman, when the defendant entered an appeal. Issue. At the trial on March 30, 1890, the plaintiff testified as follows : “ My business place was in South-Second street market, near Pine street.

Decided 1891-02-16

Per Curiam:

¶1Complaint is made that the court below refused to instruct the jury, as requested by the defendant’s fourth point, that “ The plaintiff is not entitled to rescind the trade and reclaim the horse, unless defendant perpetrated a fraud upon him.” The vice of this point is that it assumed the disputed 'facts in the case. The plaintiff’s contention was that there was no trade, and he gave evidence in support of it. This question *51of fact is ignored in the point. The only other assignment is that the court declined to give a binding instruction in favor of the defendant. This the court could not have done, under the evidence. The case was properly submitted to the jury.

¶2Judgment affirmed.