Max Meadows Land & Improvement Co. v. Mendinhall

Citations

• 4 Pa. Super. 398
• 1897 Pa. Super. LEXIS 133

Syllabus

<p>Affidavit of defense — Sufficiency of affidavit alleging false representations.</p> <p>Great liberality is always exercised in the admission of evidence having a tendency to show fraud, and in determining whether the allegation is established the united force of the items of testimony having this tendency is to be considered. So where the fraud consists in false representations in which matters of fact and matters of opinion are so ingeniously joined as to make the whole deceptive and misleading, they are to be considered as a whole. Equity will relieve if one material allegation, relied on, was false.</p> <p>Practice, G. P. — Affidavit of defense — Sufficiency—Fraud.</p> <p>When an allegation of fraud is relied on in an affidavit of defense, the facts constituting the fraud should be fully set forth. But where representations inducing a contract are indefinite, an averment that such representations were false and fraudulent entitles defendant to have the bona iides of such representations intrusted to a jury.</p> <p>Practice, G. P.- — Affidavit of defense — Setting out papers referred to therein.</p> <p>Without relaxing the rule which requires all papers, referred to in an affidavit of defense, to be set out it would be unreasonable to hold without qualification, that newspaper advertisements, handbills and printed prospectuses must be set forth in haee verba, when relied upon as elements in false and fraudulent misrepresentations.</p> <p>Fraudulent misrepresentations — Credulity of other party no defense.</p> <p>However negligent a party may have been to whom ail incorrect statement has been made, yet that is no matter of defense. No man can complain that another has relied too implicitly on the truth of what he himself stated.</p> <p>Practice, O. P. — Refusal to enter judgment below seldom reviewed.</p> <p>The appellate courts will not interfere where rules for judgment have been discharged in the lower courts in doubtful cases, but only in such as are very cl