Percy v. Bibber

The exceptions pressed by the defendant relate to the admission of four letters from the plaintiff to the defendant, suggesting charges of false representations, and attempting to obtain a settlement. The plaintiff argues that, if he found the business which he bought of the defendant was not what it was represented, it was his duty promptly to call the defendant’s attention to the fact; that the letters were competent to show that he made a claim upon the defendant, and the time and nature of the claim, and also to show his intention to rescind the contract. But the declaration is in tort…