Boyd, White & Co. v. Shiffer

Citations

• 156 Pa. 100
• 27 A. 60
• 1893 Pa. LEXIS 1317

Syllabus

<p>Rescission of contract of sale — Fraudulent representations.</p> <p>If the vendor of goods does not rely on fraudulent representations made by the vendee, and does not part with his goods upon the faith of such representations, he cannot rescind the contract of sale on the ground of fraud.</p> <p>Vendors, before selling goods to vendees, made inquiry of another merchant as to vendees’ financial standing. The merchant without expressing an opinion sent to vendors a written statement of vendees similar in character to the false statement which vendees had previously sent to vendors. Held, that the question whether the vendors had relied wholly upon the false statement of the vendees was a question of fact for the jury.</p> <p>Contract of sale — Rescission—Waiver of right to rescind.</p> <p>Where a sale of goods has been made under fraudulent representations by the vendee, the vendor does not lose his right to rescind because he demanded payment or security from the vendee before declaring a rescission of the contract.</p>