Keystone Mausoleum Co. v. Salzman

Citations

• 72 Pa. Super. 437
• 1919 Pa. Super. LEXIS 342

Syllabus

<p>Contracts — Agreement to purchase crypt in mausoleum — Failure to meet specifications — Advertisements in newspapers — Fraud—Evidence — A dmissibility.</p> <p>Advertisements, in a newspaper, of the nature and character of a mausoleum to be erected, are admissible in evidence, on a trial of an action for the payment of the purchase price of certain crypts in said building, where there is evidence that the defendant had read the advertisements, and allegation that he relied upon them when he entered into a contract.</p> <p>A misstatement made by advertisement and by descriptive circulars is evidence of fraud in an action on a contract, where the defense is that the subscription was obtained through fraudulent misrepresentation.</p> <p>Where it is alleged that the agent taking the subscription represented that the building was to be constructed of “solid granite, marble and bronze” and it subsequently appeared that concrete was extensively employed, and that instead of a building constructed of these materials they were largely used as veneer; and in support of his contention, the defendant seeks to introduce an advertisement inserted by the plaintiff in the local newspapers in which it is stated that the building was to be constructed of such materials, such advertisement, if relied upon by plaintiff, is admissible as proof of the fraudulent procurement of the contract, and is also corroborative of the testimony that the agent had made similar statements.</p>