Philadelphia Motor Speedway Ass'n v. Paulson

Citations

• 69 Pa. Super. 338
• 1918 Pa. Super. LEXIS 82

Syllabus

<p>Contract — Written contract — Parol proof — Fraud—Corporation.</p> <p>Where a person signs an agreement to pay an amount stated for a life membership in an association, and in the agreement states, “there is no understanding or agreement between myself and the association, except as provided herein,” he cannot in an action against him for a balance due on his contract allege that fraudulent misrepresentations were made to him to the effect that plaintiff was an association primarily for profit, and that he would obtain equal rights and privileges with other members, if he does not state that such misrepresentations were made by an officer or agent of the association, and does not name any one as making such representations. It is immaterial if they were made to him by a person from whom he took by assignment an option for membership and by whom he was nominated for membership.</p> <p>In such a case an averment in the defendant’s answer that the plaintiff’s agreement was with the Philadelphia Motor Speedway Association, and that the action is by the “Philadelphia Motor Speedway Association, a corporation,” is immaterial, inasmuch as the words “a corporation” are only descriptive of the character of the plaintiff and might have been omitted, and are at any rate amendable.</p>