Sulkin v. Gilbert

Citations

• 218 Pa. 255
• 67 A. 415
• 1907 Pa. LEXIS 496

Syllabus

<p>Vendor and vendee — Fraudulent misrepresentations — Action for purchase money — Evidence—Province of court and jury.</p> <p>In an action by a vendor of real estate to recover purchase money, where the defendant sets up as a defense alleged misrepresentations of the vendor as to the location of the land with respect to a stream of water not included in the premises bargained for, and supports such defense by his own testimony, which is full, clear and explicit, the case must be submitted to the jury, although the defendant's testimony is not supported by any other witness. In such a case, however, the defendant must show that he was in fact misled by such misrepresentations, and if he fails to do so, it is proper to give binding instructions in favor of the plaintiff.</p>