Price v. Lewis
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne county. This was an action of debt, by Lewis V. Price & Lougher, on one of two promissory notes given to the plaintiff by defendants, in payment for a canal boat called the “ Fair Play,” with team and harness. The plaintiff gave his note for $200 in evidence, and rested. The defendant gave the other note for $250 in evidence, and showed for what they were given. That the plaintiff said it was a good boat, and worth the money.
Read the full summary
Error to the Common Pleas of Luzerne county. This was an action of debt, by Lewis V. Price & Lougher, on one of two promissory notes given to the plaintiff by defendants, in payment for a canal boat called the “ Fair Play,” with team and harness. The plaintiff gave his note for $200 in evidence, and rested. The defendant gave the other note for $250 in evidence, and showed for what they were given. That the plaintiff said it was a good boat, and worth the money. That the boat was leaky, and that the defendants applied to the plaintiff, representing they had been deceived, and desired he…
1Opinion of the Court
The opinion of the Court was delivered by
Bell, J.
The evidence rejected, in connection with that received, tended to show, not warranty for the breach of which an action ex contractu wouíd be the proper remedy, but a fraudulent misrepresentation by the plaintiff below, of the quality of the article sold, which induced the purchase at the price agreed on. For such a wrong the form of action would be ex delicto, to recover damages for the tort committed: Kimmel v. Lichty, 3 Yeates 262; Jackson v. Wetherill, 7 Ser. & R. 480; McFarland v. Newman, 9 W. 55; and the question presented is, whether the…
2Cases cited4 opinions
- Kachlein v. RalstonSupreme Court of Pennsylvania · 1795
- Lessee of Dunlop v. SpeerSupreme Court of Pennsylvania · 1810
- Kimmel v. LichtySupreme Court of Pennsylvania · 1801
- People ex rel. Beardslee v. DolgeNew York Supreme Court · 1887
3Cited by7 opinions
- Kessler's EstateSupreme Court of Pennsylvania · 1908
- Schultheis v. SellersSupreme Court of Pennsylvania · 1909
- Columbia Nat. Bank v. RizerSupreme Court of South Carolina · 1929
- Stein v. CherrySuperior Court of Pennsylvania · 1945
- Girard Discount Co. v. Layton, Pennsylvania Court of Common Pleas, Delaware County1965
2 more not listed; retrieve them via the Exa API.