Whitney v. Haskell
Supreme Court of Pennsylvania
Appeal, No. 89, Oct. T., 1906, by defendant, from judgment of O. P. No. 1, Allegheny Co., Dec. T., 1902, No. 993, on verdict lor plaintiff in case of Louis B. Whitney v. Frank Haskell. Assumpsit to recover back money paid for mining claims. Before Brown, J. From the record it appeared that on April 19, 1902, Frank Haskell sold to Louis B. Whitney as trustee, by a written contract, certain quartz lode gold mining claims in the Thunder Mountain mining district, state of Idaho.
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Appeal, No. 89, Oct. T., 1906, by defendant, from judgment of O. P. No. 1, Allegheny Co., Dec. T., 1902, No. 993, on verdict lor plaintiff in case of Louis B. Whitney v. Frank Haskell. Assumpsit to recover back money paid for mining claims. Before Brown, J. From the record it appeared that on April 19, 1902, Frank Haskell sold to Louis B. Whitney as trustee, by a written contract, certain quartz lode gold mining claims in the Thunder Mountain mining district, state of Idaho. Plaintiff alleges that he executed this contract upon the faith and representations made to him by the defendant, and…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The statement of claim in this case avers two causes of action. First, that the mining claims sold by defendant to plaintiff were never legally located, and, therefore, were not owned by defendant, and consequently there was a total failure of consideration. Secondly, the plaintiff had been induced to enter into the contract by the false representations of one McKinley, who was alleged to be defendant’s agent, and the plaintiff was, therefore, entitled to rescind the contract, and reclaim the purchase money paid.
It is urged by appellant’s counsel, that there was a…
2Cases cited3 opinions
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- Burkholder v. Beetem's AdministratorsSupreme Court of Pennsylvania · 1870
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