Bailey v. Gibson

Citations

• 20 Pa. Super. 429
• 1902 Pa. Super. LEXIS 257

Syllabus

<p>Sales — Contract—Fraud—Concealment—Caveat empior.</p> <p>In sales the vendor and purchaser deal at arms’ length, each relying on his own skill and knowledge, and each at liberty to impose conditions or exact warranties before giving assent, and each taking upon himself all risks other than those arising from fraud or from the causes against which he has fortified himself by existing conditions or warranties. The exception to this rule exists only in cases where from the relations between the parties some special duty is incumbent on the one to make full and candid disclosure of all he knows on the subject to the other.</p> <p>Where a person offers to purchase an oil well at a price specified without any qualifications or conditions, and the offer is unconditionally accepted, and the seller is guilty of no fraud or concealment, and the purchaser has full opportunity for knowing the exact condition of the well, the latter cannot deduct from the purchase money a sum which he expended in cleaning the well.</p>