Ackman v. Jaster

Citations

• 179 Pa. 463
• 36 A. 324
• 1897 Pa. LEXIS 668

Syllabus

<p>Contract — Rescission—Fraud—False representation.</p> <p>An intention to deceive and a false statement even on a material point will not overthrow a bargain, unless the statement was the means of producing it.</p> <p>Vendor and vendee — False representations — Mortgage—Evidence.</p> <p>At the trial of a scire facias on a purchase money mortgage the defendants claimed that the sale of the land for which the mortgage was given was effected by the false and fraudulent representations of the plaintiffs, the vendors, as to the quantity, quality and salability of the underlying coal. The defendants offered testimony for the purpose of proving that these representations were made and that they believed them to be true, but that they were in fact false. They did not offer to show that they relied on the alleged representations, and that they were thus prevented from making proper inquiry as to the truth of the alleged facts. They did show that they made no inquiries in the neighborhood in regard to the coal. Eeld, (1) that the defendant’s offer of evidence was properly excluded; (2) that the fact that defendants made no inquiries in the neighborhood was not enough to supply the defect in their offer.</p>