Martachowski v. Orawitz

Citations

• 14 Pa. Super. 175
• 1900 Pa. Super. LEXIS 32

Syllabus

<p>Trespass — Cause of action — Fraudulent representation.</p> <p>Where plaintiff avers that he parted with money to defendant for the purchase of a liquor license which defendant falsely represented that he owned, and which he promised to transfer, by reason of which plaintiff suffered loss and damage, the allegation is sufficient to support an action in trespass for false representation.</p> <p>. Breach of contract — Fraudulent representation — Measure of damages.</p> <p>Where plaintiff purchased from defendant a certain lease, barroom fixtures and a liquor license, the last of which defendant did not own, the measure of damages would be the difference between the value of what plaintiff was to receive under the contract and the value of what he did receive.</p> <p>Pleading — Evidence introducing new cause of action.</p> <p>The statement alleging false representation as to ownership of a license, the proposed transfer of which was the inducing consideration moving plaintiff to part with money in purchase of a license and a lease and fittings, etc., of a barroom, it was error to permit plaintiff to show that he sold liquor without a license and had been convicted and sentenced therefor. Such evidence introduced a new cause of action and was therefore inadmissible under the pleadings. They were not the necessary consequence of the wrongful act.</p> <p>Measure of damages — Cause of action based on illegal act.</p> <p>A party may, because he has been fraudulently misled, be relieved from the legal effects of a lawful contract, but in no ease can he recover damages where he must found his claim in his own violation of a criminal statute.</p>