McElwee v. McCreight

Citations

• 236 Pa. 545
• 84 A. 1105
• 1912 Pa. LEXIS 795

Syllabus

<p>Vendor and vendee — Suit for purchase money — Fraud — Actions.</p> <p>An action of assumpsit cannot be maintained to recover a balance of purchase money due on a contract for the sale of land, where the pleadings and evidence show that the purchase money was paid and settled for, either in money or bonds, accepted by the grantor in the deed, and retained by him, if it appears that the ground of the plaintiff’s action was that certain of the bonds were worthless, and had been accepted by the grantor under false representations. Under such circumstances the plaintiff’s remedy is an action in tort for the fraud.</p>