Brooks v. Keller

Citations

• 173 Pa. 615
• 34 A. 284
• 1896 Pa. LEXIS 752

Syllabus

<p>Partnership — Sale of interest — Fraud—Misrepresentations—Affidavit of defense,</p> <p>A rule for judgment for want of a sufficient affidavit of defense is in the nature of a demurrer to the affidavit, and in disposing of appeals from refusal of the court below to enter judgment in such rule, the averments of fact in the affidavit, so far as they are relevant and material, must be accepted as verity.</p> <p>■ In an action on a promissory note given by one partner to another for an interest in the partnership, an affidavit of defense is sufficient which avers that in effecting the sale of the interest, plaintiff’s husband, acting as her agent, presented an account of the business to defendant which was false in stating the quality, condition and value of the goods on hand; that he has not been able to get possession of some of the goods, owing to their being claimed by other parties; and further avers that it would have taken the work of many persons a week to take an accurate account of the stock; that the account as presented to him was prepared for the sole purpose of bringing about a sale to him, and that he believed the representations and purchased upon the faith thereof; that after he discovered the misrepresentations he had offered to return certain of the property particularly specified, but that plaintiff’s husband had refused to receive it, and had agreed to adjust and satisfy defendant as to the matters complained of.</p>