Mahaffey v. Ferguson

Citations

• 156 Pa. 156
• 27 A. 21
• 1893 Pa. LEXIS 1323

Syllabus

<p>[Marked to be reported.]’</p> <p>Sale of timber land — Warranty—Misrepresentations.</p> <p>Where a purchaser of standing timber goes upon the land and has an opportunity to sec the timber, he will not be permitted to defend an action for the purchase money on the ground that he was deceived by the vendor’s misrepresentations of the quality and quantity of the timber; nor, where it appears that he dealt with the vendor at arms length, will he be permitted to claim that such misrepresentations amounted to a warranty.</p> <p>Fraud — Rescission of contract.</p> <p>Where a sale is consummated by means of fraud, the vendee, upon the discovery of the fraud, has a right either to affirm or disaffirm the purchase. If the latter, it is his duty to do so promptly, when the parties can be restored to their original position. And whether they can be so restored is ordinarily a question for the jury.</p>