Glass v. Rauwolf

Citations

• 172 Pa. 655
• 34 A. 55
• 1896 Pa. LEXIS 834

Syllabus

<p>Replevin — -Fraud—Exchange of real estate for personal property — Delivery of possession.</p> <p>In an action of replevin to recover a stock of store goods it appeared that defendant had agreed in writing to exchange his stock of goods for certain real estate belonging to the plaintiff. Defendant claimed that plaintiff had been guilty of fraudulent misrespresentations as to the value of the real estate, and that by these misrepresentations he was induced to make the contract. The evidence was conflicting as to whether the defendant had actually delivered possession of the stock of goods to plaintiff. Both the question of fraud and the question of delivery of possession were submitted to the jury in an adequate charge, and a verdict was rendered for plaintiff. Held, that defendant could not have been injured by refusal of a point to the effect that a party has a legal right to refuse performance of a contract which he thinks was induced by fraud.</p> <p>In such a case it is proper to instruct the jury that their verdict should be for defendant, unless he voluntarily and without trick or artifice practiced upon him delivered possession of the goods, intending at the time to invest plaintiff with the ownership thereof absolutely and unconditionally.</p> <p>Replevin — Stay of execution — Exchange of lands for goods.</p> <p>In an action of replevin to secure possession of a stock of goods which defendant agreed to exchange for plaintiff’s lands, execution will be stayed upon a judgment in favor of plaintiff until the latter duly delivers to defendant the deeds for the land, or deposits them in court for defendant’s use.</p>