Benjamin Labe & Son v. Lewis Bremer's Sons

Citations

• 167 Pa. 15
• 31 A. 342
• 1895 Pa. LEXIS 854

Syllabus

<p>Sale — Rescission of contract — Fraud.</p> <p>To enable vendors of goods to rescind a sale there must be artifice, trick or false representations made to induce the sale, and obtain possession of the goods.</p> <p>An indorser on a promissory note, desiring to raise money on the note, requested a dealer in tobacco to discount it, saying to him “ we are all right, we are not very rich, but all our notes will be met at maturity.” The dealer agreed to discount the note on condition that the indorser would at the same time buy from him a lot of tobacco. The note was paid at maturity, but the indorser, failed before the tobacco was all paid for. Held, that the tobacco dealer had no right to rescind the sale on the ground that it was induced by false representations.</p>