Loghry v. Capel ( 1965 )

■Stuart, J.

(dissenting) — This cause of action is based upon fraud. The burden is upon plaintiffs to prove, among other things, scienter and intent to deceive on the part of the defendants. I believe there is insufficient evidence of defendants’ knowledge of á defective fill to create a jury question on these two essential elements. I would reverse.

Moore, J., joins in this dissent.