Thompson v. Chambers

Citations

• 13 Pa. Super. 213
• 1900 Pa. Super. LEXIS 135

Syllabus

<p>Declaration or statement — Amendment.</p> <p>An amendment by way of substituting one declaration or statement for another will be allowed where the cause of action is the same.</p> <p>Sale — Alderman—Jurisdiction.</p> <p>An alderman has jurisdiction in an action of assumpsit to recover money paid under a sale rescinded by the purchaser because of misrepresentations. That damages were claimed in addition to the return of the money and that they were allowed by the alderman but not in the court of common pleas on appeal does not alter the form of action from assumpsit to deceit.</p> <p>Sale — Rescission—Misrepresentation—Remedy—Fraud.</p> <p>A sale of personal property which has been induced by false representations made by the seller may be rescinded by the purchaser upon his discovery of the misrepresentations.</p> <p>To assert for truth what' one professes to know and what he may be fairly supposed to know, but does not know, is equivalent to a known falsehood.</p> <p>One seeking to rescind a contract for the sale of personal property and to recover the consideration which he has paid, must return what he has received in as good condition as it could have been kept with all reasonable care.</p>