118 Iowa 69 | Iowa | 1902
III. Whether or not the plaintiff relied upon the statement in making his purchase of stock was a question for the jury.
In its fourth instruction the court told the jury that, if it found a substantial difference between the actual and reported losses, it should find that the defendant intended to deceive and defraud. This was error, for it not only invaded the province of the jury on a question of fact, but announced an incorrect proposition of law, as1 we have heretofore said.
For the errors indicated, the judgment is reversed.