Keefe v. Sholl

Citations

• 181 Pa. 90
• 37 A. 116
• 1897 Pa. LEXIS 508

Syllabus

<p>Deceit — Fraud—Misrepresentations by agents — Scienter.</p> <p>In an action of trespass for deceit against a principal to recover damages for loss caused by the false representations of an agent, a nonsuit is properly entered when no scienter is averred in the statement, and no proof is offered that the principal had knowdedge of the alleged false statements.</p> <p>In an action of trespass for deceit, it was averred that the defendant’s agent, who had sold to plaintiff a tract of land, had stated that the land contained three and twenty-four hundredth acres and included certain hotel stables and shedding, when in fact the defendant owned only two acres and one hundred and twenty perches of ground, and the improvements referred to were upon the land of another person. The deed described the land as “ all that certain tract or piece of ground with the messuages or tenements and barns, stables and sheds thereon erected,” etc., “containing about three and twenty-four hundredths of an acre, be the same more or less.” There were barns, stables and sheds upon the land. There was no evidence that defendant had knowledge of the alleged misstatements of the agent. Held, that a nonsuit was properly entered.</p> <p>Deceit — Misrepresentation by agent — Ratification.</p> <p>In an action of trespass for deceit to recover damages for alleged false representations made by defendant’s agent in the sale of land, no question of ratification can be raised, as the action is not founded on the contract.</p>