Thorwegan v. King - 111 U.S. 549 (1881)

U.S. Supreme Court

Thorwegan v. King, 111 U.S. 549 (1884)

Thorwegan v. King

Submitted April 15, 1884

Decided May 5, 1881

111 U.S. 549

Syllabus

Where the complaint in an action on the case for deceit by false representations whereby a party was induced to enter into a contract, charged a positive misrepresentation of an existing fact, and all the evidence intended to establish fraud was directed to the proof of that specific misrepresentation, it was error in the presiding judge not to confine his instructions to the point in issue, and when requested by the jury for instruction as to the effect of withholding information concerning the subject of the contract, not to instruct them that there was no evidence in the case which authorized their request for instructions on that point.