Long v. McAllister

Opinion by

Mr. Chief Justice Moschzisker,

Plaintiff, John H. Long, brought an action of deceit against defendant, Levi F. McAllister, who filed an affidavit of defense, in the nature of a demurrer, to the statement of claim; on consideration of these papers, the court below entered judgment for defendant, holding, as a matter of law, that on the cause pleaded plaintiff could not recover; this appeal followed.

The statement of claim avers that plaintiff and defendant were stockholders in an oil company, which was financially embarrassed; sometime prior to January 16, 1919, the latter told the…