Miller v. Fulmer

Citations

• 25 Pa. Super. 106
• 1904 Pa. Super. LEXIS 24

Syllabus

<p>False representations — Frauds—Declaration of intention.</p> <p>A false statement to be deemed fraudulent in law must relate to something represented as a fact existing either in the past or in the present. Neither a declaration of an intention not really entertained, nor a promise made with no intention of performance is of itself a fraud that will vitiate a contract.</p> <p>Expressions of purpose, promises and predictions, that fail of realization, are fraudulent in law only when they are connected with misrepresentations respecting alleged facts, or falsely hold out a prospect of collateral advantages that leads the vendor to accept a price greatly below the real value of the property parted with.</p> <p>Equity-Specific performance — Vendor and vendee — False representations —Fraud.</p> <p>A declaration by a purchaser of property that he intends to use it for a particular purpose, while secretly intending to transfer it to another, is not in itself a fraudulent misrepresentation ; but where the misrepresentation is a part of a larger scheme, dependent for its accomplishment on the bad faith, deceit and trickery on the part of the purchaser and the person to whom he intends to transfer the property, equity will not help the purchaser to the specific performance of the contract.</p>