Smyers v. McMahon

Citations

• 71 Pa. Super. 142
• 1919 Pa. Super. LEXIS 47

Syllabus

<p>Breach of contract — Fraudulent representation — Measure of damages.</p> <p>In an action of trespass for deceit founded upon a contract the measure of damages will be the difference between the value of what the plaintiff was to receive under the contract and the value of what he really did receive.</p> <p>Illegal contract — Sunday—Act of April 88, 179J+.</p> <p>The courts will not enforce a contract made in violation of the provisions of the Act of April 22, 1794, although the statute does not expressly annul or avoid the act done. The law does not help the parties to the transaction either to performance or to relief from performance already had, but leaves them as it finds them. Such contracts are not absolutely void if the parties performed them. They are then executed contracts and the State will protect title thus created. But the courts refuse their aid to parties to such contracts, the test being whether the plaintiff requires the illegal transaction to establish his case.</p>