Lakeside Forge Co. v. Freedom Oil Works Co.

Citations

• 265 Pa. 528
• 109 A. 216
• 1920 Pa. LEXIS 474

Syllabus

<p>Contract — Rescission—Words and phrases — “A car or two” — ■ Good faith — Warranty—Essence of contract — Fraud—Damage or injury.</p> <p>1. Where a purchaser of a supply of oil for a year to be delivered in monthly installments on orders, stipulates that he will not give the first order until he has used up “a car or two coming from another source,” and the seller agrees that the shipments are “to begin after you have taken out what oil is yet due you on previous contract,” the seller cannot, after the purchaser delays for two months before sending his first order, and after the price of oil has risen, rescind the contract because the purchaser used seven cars coming to him from other sources. The general expression “a car or two” signifies an indefinite small number and may include as many as Seven.</p> <p>2. Where indefinite words are used and the naming of a small quantity is regarded not as in the nature of a warranty but only as an estimate of the probable amount, good faith is all that is required of the party making it.</p> <p>3. To justify the rescission of a contract because of falsehood, it must have been relied upon by the complaining party to his detriment.</p>