Tidioute & Tiona Oil Co. v. Shear

Citations

• 161 Pa. 508
• 29 A. 107
• 1894 Pa. LEXIS 723

Syllabus

<p>Judgment — Opening judgment — Fraud—Oath against oath.</p> <p>On an application to open a judgment, defendant averred that he had given the note upon which judgment had been entered in payment for an oil property, and that he had been induced to purchase the oil property by false and fraudulent representations of the plaintiff as to the daily natural production of the wells. Plaintiff filed a sworn answer to the petition, denying any fraud or misrepresentation in the sale. There was no direct corroborative testimony in support of defendant’s statement. Two letters were pi’oduced by him, which appeared to indicate some unsettled question between the parties in reference to the sale, but did not indicate what that question was. Held, that a rule to open a judgment was properly discharged.</p>