Schusler v. Clark

Citations

• 50 Pa. Super. 459
• 1912 Pa. Super. LEXIS 75

Syllabus

<p>Deceit — Fraud—Contract to sell real estate — Tying up valuable property — Case for jury — -Damages—Exemplary damages.</p> <p>1. In an action of trespass for deceit the case is for the jury, and a verdict and judgment for plaintiff will be sustained, where there is evidence from which the jury can find that the defendant’s conduct was deceitful and fraudulent, that he thereby secured a contract from plaintiff tying up valuable real estate for a considerable time, and that he subjected the plaintiff to annoyance, anxiety and considerable expense by holding the contract and refusing to surrender it while he well knew that he and his associates had obtained it by fraud and deceit.</p> <p>2. In such a case the jury may award an amount sufficient to compensate the plaintiff in a reasonable measure for his trouble, vexation and annoyance, with an added amount by way of punishment to the defendant.</p>