Miller v. Fulmer
Superior Court of Pennsylvania
Appeals, Nos. 213 and 214, .Oct. T., 1902, by H. A. Fulmer and B. F. Fink, from decree of C. P. Huntingdon Co., Sept. T., 1901, No. 96, on bill and cross bill in equity in suit of. C. Herbert Miller v. H. A. Fulmer and B. F. Fink. Bill in equity for the cancelation of a contract for the conveyance of land. Cross bill for specific performance of a contract of the sale of land. The case was heard on bill and answer, cross bill and answer, and proofs.
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Appeals, Nos. 213 and 214, .Oct. T., 1902, by H. A. Fulmer and B. F. Fink, from decree of C. P. Huntingdon Co., Sept. T., 1901, No. 96, on bill and cross bill in equity in suit of. C. Herbert Miller v. H. A. Fulmer and B. F. Fink. Bill in equity for the cancelation of a contract for the conveyance of land. Cross bill for specific performance of a contract of the sale of land. The case was heard on bill and answer, cross bill and answer, and proofs. The facts appear by the opinion of Gordon, P. J., specially presiding, which was as follows : FINDINGS OF FACT. 1. During and prior to the year…
1Opinion of the Court
Opinion by
Smith, J.,
If these cases turned merely on what took place between *111Miller and Fulmer, relative to the lot in question, it is clear that Miller would have no ground for seeking to avoid his contract. The false representations by Fulmer were wholly of a promissory nature, respecting his intended use of the 'property. He alleged nothing as a fact, past or present. He held no relation of trust or confidence toward Miller; exercised no influence or constraint that affected his free agency; and it is not pretended that there was any mental weakness on the part of Miller, of which Fulmer…
2Cases cited8 opinions
- Williams v. KerrSupreme Court of Pennsylvania · 1893
- Grove v. HodgesSupreme Court of Pennsylvania · 1867
- Laverty v. VanarsdaleSupreme Court of Pennsylvania · 1870
- Smith v. Smith, Murphy, & Co.Supreme Court of Pennsylvania · 1853
- Sutton v. MorganSupreme Court of Pennsylvania · 1893
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3Cited by6 opinions
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