Ferree v. Young

Citations

• 6 Pa. Super. 307
• 1898 Pa. Super. LEXIS 152

Syllabus

<p>Practice, Superior Court — Refusal of judgment on affidavit.</p> <p>The appellate courts will not review the action of the courts below in discharging a rule for want of a sufficient affidavit of defense unless it be a very plain case of error of law.</p> <p>Practice, C. P. — Sufficiency of affidavit alleging fraud.</p> <p>An affidavit is sufficient which alleges representations which were in effect fraudulent, made by plaintiff for the purpose of inducing the defendant to execute a contract and a rescission of alleged contract upon discovery of the alleged fraud. Such affidavit raises questions of fact which cannot be determined by an appellate court.</p>