Grauel v. Wolfe

Citations

• 185 Pa. 83
• 39 A. 819
• 1898 Pa. LEXIS 673

Syllabus

<p>Practice, O. P. — Referee's findings of fact.</p> <p>The findings of fact of a master or referee based upon his belief as to the credibility of witnesses and the effect to be given to their testimony are entitled to the same consideration as the verdict of a jury, and should not be set aside except for manifest error; but when the facts found are mere deductions from undisputed testimony, or from other facts found from the testimony, they are entitled to no greater weight than his findings of law.</p> <p>In an action of trespass to recover damages for alleged wrongful misrepresentations as to the condition and profits of a business sold by the defendant to the plaintiff, a referee’s findings of fact in favor of the plaintiff will be reversed by the Supreme Court where the uncontradicted evidence shows that the plaintiff was thoroughly familiar with the same kind of business and was as capable of determining the value of his purchase as the defendant; that the books of the business were offered to him for inspection, but that he refused them, and conducted a private examination of his own, upon the strength of which he bought the business; and that the misrepresentations, if any, were confined to only a part of the business, the profits of the whole being greater than the amount represented.</p>