95 Ga. 229 | Ga. | 1894
Further complaint was made because of the following charges to the jury: (1) “Now, you have the case before you; and in the first place, you will determine whether the deficiency is so gross as to justify the suspicion of willful deception, or mistake amounting to fraud. Consider the property, the number of acres, the improvements upon the property, and all the circumstances connected with the sale.” (2) “You will observe that the law is: in any deficiency in land so gross as to justify the suspicion of willful deception, you must have, in the first place, in order to find for the defendant, the suspicion of willful deception; and in order to arrive at that conclusion, you will get all the language of the bond for titles and the language of the contract previ
"We confess that these instructions, taken by themselves, are not perfectly clear nor free from verbal inaccuracy. It is evident, however, that the judge was endeavoring to state to the jury the doctrine laid down by this court, through Chief Justice Bleckley, in Estes v. Odom, 91 Ga. 600; and taking these isolated and fragmentary extracts in connection with the whole charge, we cannot but reach the conclusion that the judge’s purpose wras substantially accomplished.
We think there was sufficient evidence to warrant the finding in the plaintiff's favor; and on the whole, have concluded to allow the verdict to stand.
Judgment reversed.