Braunschweiger v. Waits

Citations

• 179 Pa. 47
• 36 A. 155
• 1897 Pa. LEXIS 600

Syllabus

<p>Vendor and vendee — Misrepresentations—Fraud—Rescission.</p> <p>Where a vendee was induced to purchase the land by false representations of the vendor materially affecting the value of the land, he may rescind the contract, whether the vendor knew or not the representations were false.</p> <p>Vendor and vendee — Evidence—Fraud—Mutual mistake.</p> <p>On the trial of an issue to determine the validity of a judgment given for the purchase money of land, where the only question raised by the pleadings and the evidence is whether the vendee was induced to purchase by false representations of the vendor, it is material error for the court to submit to the jury the question whether the parties dealt under the influence of a mutual mistake when no such question is involved.</p> <p>Evidence — Witnesses—Preponderance of evidence — Fraud.</p> <p>In determining an issue the question for the jury is not on which side are the witnesses most numerous, but what testimony they should believe. It is therefore improper for the court to charge: ‘ ‘ Where the plaintiff affirms a fact on one side, and the defendants deny the fact, and all of these persons are deemed equally credible, and there are no corroborative facts or circumstances sustaining the defendant, then the defendant’s contention must fail.’’</p>