William Burnham Woods

“ The evidence tended to show that no fraud was practiced by the defendant in procuring the power of attorney; in fact, the charge proceeds on this assumption; it tended to show that the plaintiffs, after full conference with the defendant, consented that he might secretly conduct the negotiations for the sale; that he might manage the sale of the property in his own way, and that he should be free to dispose of his own half as he pleased ”

“ He cannot claim and take to himself the benefit of the discrimination in his favor, unless the evidence satisfies you that he had fully communicated all the facts to the plaintiffs before he consummated the sale,-all the facts known to him in relation to the chances of selling,-so as to enable the plaintiffs intelligently to decide whether they would consent to the proposed discrimination in defendant's favor or not. ”

“ It was the duty of the court to submit to the consideration of the jury the testimony adduced by the defendant to sustain the defenses set up in his answer, and the charge should have been based on the hypothesis that the defenses which the testimony tended to prove were proven. ”