Mann v. Salsberg

Citations

• 17 Pa. Super. 280
• 1901 Pa. Super. LEXIS 302

Syllabus

<p>Contracts — Conflict of laws — Evidence.</p> <p>In the absence of evidence that a contract was to be executed, or was executed outside the state of Pennsylvania, the transaction is governed by the law of Pennsylvania.</p> <p>Sale — Insolvency—Rescission—Maryland contract.</p> <p>The rule of the Maryland law that a purchaser who buys goods knowing his insolvency and having no reasonable expectation of paying for the goods •purchased, takes a title voidable at the election of the vendor, does not apply where the evidence establishes that the vendees were indebted at the time of the purchase, and that judgment was sometimes subsequently entered against them; but it fails to give any satisfactory information as to their assets at that time, and such light as it does throw on that point seems to indicate that the value of the stock of goods then iq their store exceeded by a considerable amount the total indebtedness.</p> <p>Where a purchaser has been imposed upon by an actual fraud and misrepresentation, the contract is voidable at the election of the vendor, upon discovery of the fraud. He must rescind promptly upon the discovery, or a conclusive presumption of ratification will arise, but he is not put to his election until he knows, or ought to have known, of the fraud. The right of rescission will not avail when the goods have passed into the hands of an innocent purchaser for value, without notice of the fraud, nor against the execution of a creditor whose debt was contracted, by the fraudulent purchaser, subsequently to his possession under this title. The reseission must be evidenced by some unequivocal act, and the vendor must return whatever he has received under the contract, retaining out of the money that has been paid the value of any goods which may have passed beyond his power to reclaim.</p> <p>When nothing has been paid on the contract and the goods have been levied upon by the sheriff at the suit of another creditor, notice to the sheriff and joining