Kreamer v. Smith

Citations

• 187 Pa. 209
• 41 A. 43
• 1898 Pa. LEXIS 792

Syllabus

<p>Contract — Sale of stock of goods — Fraud.</p> <p>In an action to recover the purchase price oí a stock of goods sold by plaintiffs to the defendant, it appeared that in making the inventory on which the purchase price was based defendant had the assistance of an expert in the business, selected by himself, and acting in his interest. Defendant alleged that fraud had been practised upon him in the sale. There was evidence that the cost marks on a few articles of jewelry had been raised, but the aggregate amounted to only about $2.00. It was also alleged that cost marks on clothing had been raised, but there was no proof as to the amount of the increase. It was also alleged that worthless goods had been introduced into the stock before the inventory, but there was nothing to show that any more was charged for these goods than the agreement called for. It appeared that the defendant sold half of the goods for a profit of about $200 over and above the half of the inventory. The evidence as to the value of the remainder of the goods was conflicting. Held, that it was not error to direct a verdict for the plaintiffs.</p>