Devers v. Sollenberger

Citations

• 25 Pa. Super. 64
• 1904 Pa. Super. LEXIS 15

Syllabus

<p>Contract — False representation — Fraud.</p> <p>The false representation which will invalidate a contract must be of a material fact, known to be untrue by the party making it, or recklessly made without any sufficient ground for believing it to be true, or made by or on behalf of a party charged with the knowledge of the truth and intended to be acted upon by the person deceived, and actually misleading him to his injury.</p> <p>Contract — Subletting mail contract — Loss of profits.</p> <p>In an action by a government mail contractor against a person to whom the contractor had sublet the contract, where the plaintiff claims to recover for loss of profits resulting from the failure of the defendant to do his work, and also an additional sum alleged to have been expended by plaintiff in securing the cancelation of the contract, the plaintiff is not entitled to summary judgment for the latter sum where the affidavit of defense explicitly and unequivocally denies that any such sum or any part thereof was so expended.</p> <p>Appeals — Paper-book—Statement of question involved.</p> <p>An appellant’s statement of the question involved as “ Sufficiency of the affidavit of defense,” does not adequately carry out the plain intent of the rule upon the subject.</p>