Goggins v. Risley

Citations

• 13 Pa. Super. 316
• 1900 Pa. Super. LEXIS 152

Syllabus

<p>Equity pleading — Responsive answer.</p> <p>An answer is responsive which directly traverses the substance of each material allegation of false representation in the bill not on information but on personal knowledge introducing no new matter.</p> <p>Such responsive answer is conclusive evidence in favor of respondent, unless overcome by satisfactory evidence of two opposing witnesses, etc.</p> <p>Rescission of fraudulent contract — Evidence required.</p> <p>To warrant a decree rescinding a contract upon the ground of fraud the evidence must be clear and precise and a court in the exercise of a sound discretion may refuse a rescission even though upon the same proofs it would refuse to decree specific performance at the instance of the other party. The uncorroborated testimony of the plaintiff if opposed to the allegations of a responsive answer is insufficient to warrant a court of equity in decreeing rescission and repayment of the money paid.</p> <p>Fraud — Laches—Statute of limitations.</p> <p>The rule that the statute of limitations does not begin to run or that a party cannot be charged with laches until the discovery of the fraud does not mean that one can shut his eyes to obvious íacts. A person who is-injured by fraud must be prompt in seeking redress. Laches and neglect are always discountenanced. Nothing can call a court of chancery into activity but conscience, good faith and reasonable diligence.</p> <p>A bill to recover purchase money paid for a deed brought more than six years after the date of delivery for alleged fraudulent misrepresentation which the complainant could have verified at any time after or before the-transaction, the sale having been made after inspection of the premises,, does not disclose such a case as entitles plaintiff to relief.</p> <p>Appeal — Equitable relief for fraud — Findings of court below.</p> <p>Where relief from a fraudulent sale of lands is sought and the plaintiff is corroborated to some extent and the court below f