Tolan v. Conover

Headnote

Verdict-.—upon conflicting evidence will not be set aside upon appeal.

When a jury have passed upon facts before them, courts are cautious of reversal on the ground that the evidence was not sufficient to sustain the, verdict, even though upon such facts the court might have decided the other way. Wendell v. Safford; 12 N. H. 171 ; Olark v. Whitaker, 19 Conn. 319 .

Appeal from a judgment in favor of plaintiff entered upon the verdict of a jury and from an order denying a new trial. The action was brought by Simpson Tolan against Frank Conover and another to recover the amount of difference between the price agreed - to be paid and that actually paid upon a sale of goods by plaintiff to defendants. The difference was caused by an error in footing

up the items of the account of goods, which footing was made by one of the defendants.