Harner v. Fisher
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Adams county: Of May Term 1868, No. 69. This was an action of replevin for a mare, brought to August Term 1866, by Edwin F. Fisher against Sylvester Harner. The defendant pleaded property. On the trial before Fisher, P. J., the plaintiff called John Shorb, who testified: Harner employed him to buy the mare in suit from Fisher.
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Error to the Court of Common Pleas of Adams county: Of May Term 1868, No. 69. This was an action of replevin for a mare, brought to August Term 1866, by Edwin F. Fisher against Sylvester Harner. The defendant pleaded property. On the trial before Fisher, P. J., the plaintiff called John Shorb, who testified: Harner employed him to buy the mare in suit from Fisher. Witness told Fisher he was buying for himself; Harner gave him $10 to pay on the mare, the balance to be paid by banding a claim Iiarner bad against Fisher; be was not to say anything about the claim when buying the horse; he was to…
1Opinion of the Court
The opinion of the court was delivered, May 14th 1868, by
Thompson, C. J.
The case in hand is not of the class in which attempts have sometimes been made to rescind contracts solely on the ground of a failure to disclose the circumstances of a contracting party; for instance, the insolvency of the buyer who knows himself insolvent and not able to pay what he promises. There are cases both ways in our books, as to the sufficiency of this as *457a ground of rescission, enabling tbe vendor to proceed for the recovery of his property in specie: Mackinley v. McGregor, 3 Wh. 369, is strictly of this…
2Cases cited1 opinion
- Mackinley v. M'GregorSupreme Court of Pennsylvania · 1838
3Cited by8 opinions
- Williams v. KerrSupreme Court of Pennsylvania · 1893
- Bughman v. Central BankSupreme Court of Pennsylvania · 1893
- Werley v. DunnSuperior Court of Pennsylvania · 1914
- Allen v. SarshikSupreme Court of Pennsylvania · 1930
- Ditton v. PurcellNorth Dakota Supreme Court · 1911
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