Keller v. Roetting

Lynch, Judge:

By this action, trespass on the case, Keller seeks to recover, as damages, the difference between the actual cost price of certain drug store stock of goods and fixtures, including a soda fountain, and the cost thereof as represented by Roetting at the time of the purchase. In substance, it is an action for deceit, based upon false and fraudulent representations of the actual cost price of the fixtures and supplies. The deal was for the capital stock of the corporation, and not in the specific fixtures or drug supplies.

After averring in detail the cost represented as paid and…