Schmitz v. Roberts

Citations

• 26 Pa. Super. 472
• 1904 Pa. Super. LEXIS 335

Syllabus

<p>Deceit — Vendor and vendee — Misrepresentations—Fraud—Evidence.</p> <p>Where the purchase of real estate is fully closed by conveyance and payment or security of the purchase money, the law is well settled that a vendee who does not offer to rescind and reconvey the property to his vendor can only recover where his evidence makes a clear, strong case. Where he holds fast to the property purchased and seeks to recover back a portion of the purchase money or damages, there is a strong presumption that his deed conveyed what he purchased and the burden rests heavily upon him to overcome this by sufficient testimony. The law will not permit him to recover in such case on weak, and unsatisfactory evidence.</p> <p>In an action in deceit to recover damages alleged to have been sustained through misrepresentations in connection with the sale and conveyance of a lot of land, it appeared that plaintiff occupied the land in question prior to the agreement of sale. In the contract of sale, one of the lines was mentioned as being 189 feet. The contract contained these words “accurate description to be furnished by Chester E. Albright, C. E.” Subsequently Mr. Albright prepared an accurate description, and his description was incorporated in the deed delivered to the plaintiff by the defendants. In the deed the line which appeared in the contract as 189 feet appeared as 160 feet. The latter distance was correct, and in view of the other lines and their courses it was a mathematical impossibility to have this line longer than as stated in the deed. After the deed had been recorded and returned to plaintiff he complained of the shortage of the line. It also appeared that plaintiff executed a mortgage and received a title policy when the deed was signed, and that in these papers the line was stated as being 160 feet. There was no evidence that plaintiff ever made the slightest effort to ascertain the result of Mr. Albright’s survey and description. Plaintiff claimed that it was re