Ralph v. FonDersmith

Citations

• 3 Pa. Super. 618
• 1897 Pa. Super. LEXIS 70

Syllabus

<p>Sale — Rescission of — Fraud—Knowledge of insolvency.</p> <p>The insolvency oE a vendee and his knowledge of it when the purchase is made are not alone sufficient to invalidate a sale or support an action by the seller in rescission of it. There must be some trick, artifice or deception used, or conduct which reasonably involves a false representation to accomplish the purchase.</p> <p>Rescission of sale — Knowledge and assertion as to insolvency.</p> <p>There must be convincing facts in evidence to show with clear certainty that a condition of insolvency was well known to a purchaser of goods when he asserted solvency as a means of procuring a sale of goods to himself, otherwise his assertion does not have that aspect of fraud, or artifice, or misrepresentation which is required to abrogate an executed contract.</p> <p>Rescission of sale — Statement made to mercantile agency.</p> <p>A sale made on a mistaken rating by a mercantile agency founded upon information given to that agency by the purchaser, upon which such erroneous rating was based by filie agency, will not be sufficient to justify a rescission of a sale on the ground of fraud, especially as in this case the statement made by the purchaser to the agency was not fairly given to the public in the report of the agency.</p> <p>Evidence — Rescission of sale — Res gestee.</p> <p>In a feigned issue to test the rescission of a sale for fraud of purchaser, evidence is inadmissible of the representations made by a mere purchasing agent of the purchaser to other parties from whom goods were bought about the same time, there being no evidence that plaintiff knew of such sales or representations at the time he made the sale which he attempts to rescind, or that the agent was authorized to make any representations.</p>