Jewett

This is'an action to recover the possession of “a certain stock of drugs and medicine, goods, wares, and merchandise,” described as “now being in a certain brick store in Marysville, etc.; also, of all the furniture and fixtures of said store and all the personal property, goods and chattels therein.” The verdict was for the plaintiff, and though somewhat ambiguous in its phraseology, yet we shall treat it as the court seems to have treated it in its judgment, viz., as a verdict for the restitution of all the property described in the complaint. The appeal is from the judgment and from the order denying the defendant’s motion for new trial; but the former branch of the appeal may be laid out of -account, for the ease presents no questions falling within it; and the appeal from the order gives rise to but one question, and that *198 is whether the verdict was justified by the evidence; for there can be no doubt that the question of variance made by the defendant under the motion to nonsuit was correctly disposed of by the court, on the principles of the common law. It was alleged in the complaint that the plaintiff was induced to sell the goods to Hobbitzell under the influence of…