Commercial Car Co. v. Murphy

Citations

• 275 Pa. 105
• 118 A. 641
• 1922 Pa. LEXIS 459

Syllabus

<p>Replevin — Statement of claim — Prior title — Act of April 19, 1901, P. L. 88.</p> <p>1. Where plaintiff and defendant in an action of replevin claim title or possession through a common source, the statement of claim, filed in accordance with the requirements of section 4 of the Replevin Act of April 19, 1901, need not set forth anything regarding the prior title.</p> <p>Practice, G. P. — Directed verdict — Legal inadequacy.</p> <p>2. A directed verdict may be erroneous, but it cannot be legally inadequate.</p> <p>Contract — Fraud—Rescission—Prompt action — Notice.</p> <p>3. One who alleges he was induced to enter into a contract by reason of false representations, will nevertheless be held bound unless he av.ers and proves that, after learning the truth, he promptly rescinded the contract and gave notice thereof to the other party.</p> <p>Bailment — Payment—Title—Contract—Fraud.</p> <p>4. One who makes payment on a leased article, cannot acquire ownership thereof by paying less than the full amount agreed upon for the transfer of title; if the contract was entered into and the payments made by reason of misrepresentations, he must rescind promptly and can legally recover only the amounts paid, with interest, less proper credits.</p>