Moore v. Fulmer

Citations

• 63 Pa. Super. 497
• 1916 Pa. Super. LEXIS 198

Syllabus

<p>Vendor and vendee — False representation as to value — Suit to recover overcharge — Evidence—Rescission.</p> <p>In an action to recover an alleged overcharge in the price of real estate sold by defendant to plaintiff, a verdict and judgment for plaintiff will be sustained, where the testimony of the latter and other witnesses, without contradictory testimony by defendant, tended to show that defendant had made the plaintifE certain representations respecting the water supply of the land that were false and untrue, that he did not know the facts which he represented of his own knowledge, but had made them from statements made to him by a person whom he had employed to dig a well on the property.</p> <p>In such a case the defendant cannot contend that the plaintiff should have asked for a rescission of the contract, if it appears that she did not so ask because of the request of the defendant not to. do so, he stating that 1¡o do so would cause him more injury than if she retained the property with the abatement asked for by her.</p>