Frishmuth v. Barker

Citations

• 159 Pa. 549
• 28 A. 368
• 1894 Pa. LEXIS 893

Syllabus

<p>Affidavit of defence — Contract—Misrepresentations.</p> <p>In an action of assumpsit to recover money paid for an interest in alleged valuable banking concessions from the Chinese government, an affidavit of defence is sufficient to prevent judgment which avers that the concessions were in actual existence at the time of plaintiff’s purchase; that plaintiff personally examined and read the concessions; that a special trust was formed with the knowledge and consent of plaintiff, and certificates of plaintiff’s interest therein were issued by the trust, and were always ready for delivery to him; that after the trust was created the concessions were revoked by the Chinese government; that plaintiff’s money had been applied to expenses incurred; and that defendant made no misrepresentation concerning the transaction.</p>