Meyerhoff v. Daniels

Citations

• 173 Pa. 555
• 34 A. 298
• 1896 Pa. LEXIS 742

Syllabus

<p>Principal and agent — Representations made by agent — Sale—Rescission of contract.</p> <p>If an agent obtains possession of the property of another for his principal by making a stipulation or condition which he was not authorized to make, the principal must either return the property or be subject to the condition upon which it was parted with by the fomier owner.</p> <p>Where goods are obtained through the false representations of an agent, the seller has a right to rescind the contract and take the goods from the purchaser, whether the agent of the purchaser had authority to make the representations or not.</p> <p>Sale — Rescission of sale — Replevin—False representation of purchaser's agent — Fraud—Evidence.</p> <p>In an action of replevin to recover goods sold on credit to defendant by plaintiff upon the strength of certain false representations alleged to have been made by defendant’s agent to plaintiff, it is proper to admit evidence that the defendant took the goods, and took the credit; that defendant’s agent had an interest in the profits of defendant’s business; that the statements made by the agent with defendant’s authority were false; and that the purchases made were beyond the ordinary demands of defendant’s business.</p>