Freeman v. Baras

Citations

• 31 Pa. Super. 84
• 1906 Pa. Super. LEXIS 160

Syllabus

<p>Contract — Misrepresentations—Auctioneer—Principal and agent — Check.</p> <p>In an action upon a check, an affidavit of defense is insufficient to prevent judgment which avers that the plaintiff, an auctioneer, offered for sale two houses which he wrongfully represented were two three-story brick dwellings; that the defendant as an agent, of which agency the plaintiff had knowledge, relying on the representations, bid on the houses, and the same were knocked down to him; that he then gave plaintiff his personal check for the deposit money required; that subsequently defendant ascertained that the houses were not three-story brick houses as represented, but were houses consisting of three-story brick front buildings, and two-story frame rear buildings; that defendant thereupon repudiated the sale and stopped payment of his check.</p>