Dutton v. Pyle & Brown

Citations

• 7 Pa. Super. 353
• 1898 Pa. Super. LEXIS 297

Syllabus

<p>Fraudulent misrepresentations — Essentials to establish cause of action.</p> <p>In an action of trespass, for alleged fraudulent misrepresentations, the plaintiffs cannot declare for deceit and, failing to establish it, recover on a contract averred to be a part of the machinery of the deceit complained of.</p> <p>If plaintiffs choose to rest their case solely on an alleged fraud in fact, involving moral turpitude, they should be held to its proof as firmly as if it did not appear that there was an express or implied warranty.</p>