Ohio Valley Trust Co. v. Allison

Citations

• 243 Pa. 201
• 89 A. 1132
• 1914 Pa. LEXIS 597

Syllabus

<p>Contracts — Contracts for the sale of land — Fraud—Rescission— Assumpsit — Recovery of purchase price paid — Damages—Interest.</p> <p>1. In an action of assumpsit to recover a sum paid by plaintiff on account of the purchase price of land with certain damages, it appeared that defendants had agreed to sell to plaintiff a certain piece of land with the improvements thereon for $3,150, of which $1,000 was to be paid in cash and the balance in two years with interest; before the execution of the agreement defendants had pointed out to plaintiff the ground and the location of the lines of the real estate; that the plaintiff after entering into possession vacated the premises, claiming that the lines had been misrepresented and that certain buildings and improvements which had been pointed out as belonging to the property were not situated upon the ground purchased. Plaintiff sought to recover the amount paid on account of the purchase price and also certain sums paid for interest, repairs, taxes, insurance and the cost of removal. Defendants denied that they had misrepresented the lines to the plaintiff. The court admitted evidence to show the cost of removing plaintiff’s goods from the premises, to show the amount paid by plaintiff for the repair of a roof, and excluded evidenee of a bond of indemnity prepared by defendants but never delivered to indemnify plaintiffs against loss if tbe lines should not correspond to the lines pointed out, and refused a claim for refund of interest paid on balance of purchase money. The court submitted the case to the jury, and charged that amounts expended for repairs and improvements to the property might be included should they find for the plaintiff, and that interest upon advance purchase money could be recovered only from the day that the plaintiff gave up possession of the property. The jury found a verdict for plaintiff upon which judgment was entered. Held, no error.</p> <p>2. In such a case the defendant is not entitled to