Heastings v. McGee

Citations

• 66 Pa. 384
• 1871 Pa. LEXIS 47

Syllabus

<p>1. When the vendor of personal property makes fraudulent representations or is'otherwise guilty of fraud in the contract, the vendee may stand to the bargain and recover damages or may rescind the contract and recover the money paid.</p> <p>2. Where there is an actual disaffirmance by the vendee the title to the property is revested in the vendor.</p> <p>3. In cases of fraud the vendee alone has the right to disaffirm the contract.</p> <p>4. An affirmance of a contract with knowledge of the fraud of the vendor, merely extinguishes his right to rescind the sale.</p> <p>5. Á count for damages for the fraud and one for a rescission of the-contract are repugnant.</p> <p>6. The vendee bought a horse which was fatally diseased, the vendor knowing it. In an action for deceit it was not necessary to prove an offer to return the horse.</p>