Augusto v. Romano

Citations

• 42 Pa. Super. 19
• 1910 Pa. Super. LEXIS 286

Syllabus

<p>Sale — Contract—Warranty—Fraud—Affidavit of defense.</p> <p>1. In an action on a promissory note where it appears that the note was given to secure part of the purchase money of the business, an affidavit of defense is sufficient which sets forth an express warranty made by the plaintiff as to the value of the business, that such warranty was false and fraudulently made, setting forth facts to sustain the charge of fraud, that there never was any such business as warranted, and that the difference between the value of the business warranted and such as it really was, was equal to or greater than the amount of the note.</p> <p>2. In such a case a partial payment made some months after the purchase of the business, is not made so late as to deprive the defendant of the right to set up the fraud and the breach of warranty as a defense in an action on the note. The defendant was not obliged to at once hire experts and go to work on the books of the plaintiff to verify their accuracy. He might properly rely upon his warranty and devote his energy to preserving or increasing the business he thought he had bought.</p>