El Dorado Jewelry Co. v. Hopkins

Citations

• 34 Pa. Super. 446
• 1907 Pa. Super. LEXIS 157

Syllabus

<p>Contract — Evidence—Parol contract — Inducement—Fraud—Written instrument.</p> <p>When a party is inveigled into signing a -written contract upon the faith of a contemporaneous agreement which is violated as soon as it has accomplished its purpose in securing the execution of the paper, such oral agreement may always be shown when the enforcement of the paper is attempted.</p> <p>In an action for goods sold and delivered under an alleged written contract, an affidavit of defense is sufficient which avers that at the time the writing was signed defendant refused to buy the goods, that plaintiff’s agent thereupon falsely and fraudulently represented to defendant that the writing would be held merely as a memorandum of goods to be placed on sale in defendant’s store to be sold by him as an agent, and that it would not be enforced according to its terms, and which further avers that defendant would not have signed the paper except upon the inducement of the parol agreement.</p>