Delafant v. Shapiro

Citations

• 73 Pa. Super. 186
• 1919 Pa. Super. LEXIS 201

Syllabus

<p>Contracts — Sale of real estate — Misrepresentation—Rescission of contract — Evidence.</p> <p>It is competent for a party to a contract to prove that he was induced to execute a written agreement through fraudulent misrepresentations, affecting the subject-matter.</p> <p>Where the consideration of the contract is indivisible, and a part is illegal, it falls as a whole; a contract for the sale of a hotel which was also a bawdyhouse is therefore void.</p> <p>In an action to recover the amount paid on account of the purchase price of a hotel, the case is for the jury and a verdict for the plaintiff will be sustained, where the evidence established the fact that representations were made contemporaneously with the signing of the agreement that the hotel was a respectable place and in good repute, and where it was afterwards discovered that it had a bad reputation and was commonly known as a disorderly house.</p>