Leaming v. Wise
Supreme Court of Pennsylvania
This was an action of assumpsit brought October 30th 1869, by I. Fisher Learning and another, trading as Waln, Learning & Co., against Charles Wise and Ellwood T. Pusey, to recover back money paid by plaintiffs to defendants for oil-stocks, alleged to have been sold under false representations.
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This was an action of assumpsit brought October 30th 1869, by I. Fisher Learning and another, trading as Waln, Learning & Co., against Charles Wise and Ellwood T. Pusey, to recover back money paid by plaintiffs to defendants for oil-stocks, alleged to have been sold under false representations. The case was tried January 5th 1871, before Lynd, J. The plaintiffs’ evidence was that in March or April 1864 they bought from the defendants 3000 shares of stock in the Watson Petroleum Company and Great Western Oil Company at $3 per share for the one and $2.50 per share for the other; that the…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Williams, J.
The only question worthy of consideration in this case is presented by the 14th assignment. The action was brought to recover the price paid for certain oil-stocks which the plaintiffs alleged that they had been induced to purchase upon the fraudulent representations of the defendants as to the cost of the land; and a recovery was sought to be had on the footing of the plaintiffs’ rescission of the contract and a tender of the stocks to the defendants before bringing the action. The evidence shows that the plaintiffs bought…
2Cited by29 opinions
- Tinius Olsen Testing MacHine Co. v. Wolf Co.Supreme Court of Pennsylvania · 1929
- Lyle v. ShaySupreme Court of Pennsylvania · 1895
- Davis's EstateSupreme Court of Pennsylvania · 1922
- Riddle Co. v. TaubelSupreme Court of Pennsylvania · 1923
- Gervis v. KaySupreme Court of Pennsylvania · 1928
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