Smyers v. McMahon
Superior Court of Pennsylvania
Appeal, No. 131, April T., 1918, by defendant, from judgment of C. P'. Clarion Co., February T., 1917, No. 13, on verdict for plaintiff in case of Q-. W. Smyers v. J. E. McMahon. Trespass to recover damages for deceit. Before Sloan, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 131, April T., 1918, by defendant, from judgment of C. P'. Clarion Co., February T., 1917, No. 13, on verdict for plaintiff in case of Q-. W. Smyers v. J. E. McMahon. Trespass to recover damages for deceit. Before Sloan, P. J. The facts are stated in the opinion of the Superior Court. The defendant submitted the following point: “There being no dispute in the evidence in the case, but that the alleged misrepresentations were made in reference to a contract consummated on Sunday, there can be no recovery in the case.” Answer: “That point we refuse as it stands. That is a matter…
1Opinion of the Court
Opinion by
Porter, J.,
This action is in trespass and the plaintiff’s statement contains all the elements essential to an action on the case for deceit. The statement averred that, on or about July 31, 1915, the plaintiff sold and delivered to the defendant an automobile for $450 and at the same time agreed to sell and deliver to the defendant shingles at $4.40 per thousand to the amount of $150 and did on or about the 12th day of August, 1915, in pursuance of said agreement, furnish and deliver to the defendant, shingles *144to the value of $149.60; that at the time the automobile was sold and…
2Cases cited7 opinions
- Fowler v. Scully ex rel. First National BankSupreme Court of Pennsylvania · 1873
- Stetson v. CroskeySupreme Court of Pennsylvania · 1866
- Whitmire v. MontgomerySupreme Court of Pennsylvania · 1895
- Mohney v. CookSupreme Court of Pennsylvania · 1855
- Martachowski v. OrawitzSuperior Court of Pennsylvania · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Andrien v. BennettSuperior Court of Pennsylvania · 1959
- Moxham Investment Corp. v. Thomas-Kinzey Lumber Co.Superior Court of Pennsylvania · 1931
- Burig v. Washington County Commissioners, Pennsylvania Court of Common Pleas, Washington County1943
- Fritz v. McGeehan, Pennsylvania Court of Common Pleas, Schuylkill County1923
- Mignatti v. SilverSuperior Court of Pennsylvania · 1927
1 more not listed; retrieve them via the Exa API.