Clark v. Kurtz

Citations

• 220 Pa. 358
• 69 A. 811
• 1908 Pa. LEXIS 783

Syllabus

<p>Vendor and vendee — Option—Fraud—Absence of trust relation.</p> <p>In an action of assumpsit it appeared that the plaintiff obtained from the defendant an option to purchase within ninety days a farm for $23,000. Before the option had expired plaintiff effected a sale of the farm for $24,000, but represented to the defendant that he could not obtain a purchaser who would pay more than $23,000, and by this representation he induced the defendant to reduce the price to $22,000, and the price named in the written option was changed to this amount. With knowledge of the deception practiced on him, and after he had received a part of the purchase money from the plaintiff, the defendant carried out the arrangement that plaintiff had made with the purchaser to whom he had assigned the option, made the conveyance to the purchaser, and received from him $24,000. Held, that as there was no trust or confidential relation between plaintiff and defendant, plaintiff was entitled to recover the difference between the price at which the defendant agreed to sell to the plaintiff, and the amount received by the defendant from the purchaser to whom the plaintiff had assigned the option.</p>