Sawyer

This was an action for the purchase price o£ fifty-one shares of a certain corporation alleged to have been sold by the plaintiff to the defendant. The defense was that there was no delivery and that there was no sale; and that if there had been a sale the 'sale was rescinded. Upon the trial of the case, the plaintiff’s evidence tended to show that there had been a delivery of the stock and a subsequent refusal to pay for the same. Upon behalf of the defendant there was some evidence tending to show that there had been no delivery. The trial court made its findings in favor of the plaintiff, finding that there had been a delivery and a completed sale. A motion for a new trial was made by the defendant based upon all the statutory grounds, including the insufficiency of the evidence to support the findings, which motion was granted. The appeal is from the order granting such motion, and in its consideration of course all of the grounds of the motion are involved in order to test the correctness of the order. Do you concede, Mr. Sawyer, that there was evidence adduced upon the trial in the court below sufficient to have supported a finding in favor of the defendant ?

Mr. Sawyer…