Standard Interlock Elevator Co. v. Wilson

Citations

• 218 Pa. 280
• 67 A. 463
• 1907 Pa. LEXIS 501

Syllabus

<p>Contract — Sale—Time of performance.</p> <p>Where no time is fixed for the performance of a contract, the law will fix a reasonable time.</p> <p>• Where a safety device for an elevator is sold under a stipulation that it is “to be installed at such date” as the purchaser may name, the purchaser must name a reasonable time for the installation, otherwise the seller may bring an action for the breach of the contract.</p> <p>■ Contract — Sale—Misrepresentation.</p> <p>In an action to recover on a contract of sale for elevator safety devices, an affidavit of defense is sufficient which avers that plaintiff had fraudulently represented to the defendant, as an inducement to enter into the contract, that a combination or trust was about to be formed, for the purpose of controlling the sale of various elevator safety devices in the market, and that such trust would increase the price of installing said safety devices from and after a date named, and that defendant was thereby induced to enter into the contract.</p> <p>It is true that false statements to be deemed fraudulent in law must relate to something represented as an existing fact; but a statement apparently only of intention, purpose or opinion, may amount to a .statement of fact, as where a person fraudulently misrepresents his intention in doing a particular act to the damage of another.</p>