Murphey v. Greybill

Citations

• 34 Pa. Super. 339
• 1907 Pa. Super. LEXIS 137

Syllabus

<p>Practice, C. P. — Motion for judgment non obstante veredicto — Evidence —Fraud—Act of April 22, 1905, P. L. 286.</p> <p>In an action of assumpsit where the defendant sets up fraud as a defense, and the court overrules a request for binding instructions for plaintiff, and a verdict is rendered for defendant, the plaintiff may move for judgment upon the whole record non obstante veredicto as provided by the Act of April 22, 1905, P. L. 286, and this motion does not need any prior reservation of a question of law to support it.</p> <p>In such a case the appellate court will proceed to a consideration of the evidence, not as a jury would in a case where there is a conflict of testimony, or where the credibility of witnesses is involved, nor as a trial court would in a case where a motion for new trial is made upon the ground that the verdict was against the weight of the testimony, but as an appellate court does in a case where the trial judge has affirmed the plaintiff’s point requesting binding instructions in his favor, and the defendant has appealed from the judgment upon the verdict so directed.</p> <p>False representations — Fraud—Declaration of intention.</p> <p>Exptessions 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 held 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>Evidence — Contract—Written instrument — Prior negotiations.</p> <p>When parties have deliberately put their engagements into writing, in such terms as import legal obligations, without any uncertainty as to the object or extent of such engagements, all prior negotiations are merged in and extinguished by the written instrument which is the final result of their bargainings.</p> <p>Vendor and vendee — Lease—Consideration.</p> <p>Where a vendor of land has accepted a leas