Sulkin v. Gilbert
Supreme Court of Pennsylvania
Appeal, No. 3, Jan. T., 1907, by defendant, from judgment of O. P. Monroe Co., Eeb. T., 1905, No. 19, on verdict for plaintiff in case of Louis Sulkin v. William A. Gilbert. Assumpsit to recover purchase money for land.
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Appeal, No. 3, Jan. T., 1907, by defendant, from judgment of O. P. Monroe Co., Eeb. T., 1905, No. 19, on verdict for plaintiff in case of Louis Sulkin v. William A. Gilbert. Assumpsit to recover purchase money for land. Before Staples, P. J. The court charged in part as follows : William A. Gilbert, the defendant, alleges that the fraud committed upon him in this case by the plaintiff was, that at or about the time the negotiations took place relative to the execution of this contract, a blue print was present, the court does not remember whether it was brought there by the plaintiff, or how…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This case called for binding instructions, but not for the reason assigned. The only witness who testified to the alleged misrepresentations of the vendor ivith respect to the location of the land, was the defendant himself, but his testimony oh this branch of the case was full, clear and explicit. That he was not supported by other witnesses, or, in the opinion of the trial judge, by the admitted facts of the case, would be no sufficient ground for refusing to submit the case to the jury. It might very well be that the jury would see correspondence where the…
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