O'Rourke v. Blocksom
Superior Court of Pennsylvania
Appeal, No. 165, Oct. T., 1917, by defendant, from judgment of O. P. No. 2, Philadelphia Co., June T., 1916, No. 3874, on verdict for plaintiff in case of Frank P. O’Rourke v. Samuel R. Blocksom, trading as S. R. Blocksom Motor Company. Trespass for deceit in the sale of a second-hand automobile. Before Barratt, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 165, Oct. T., 1917, by defendant, from judgment of O. P. No. 2, Philadelphia Co., June T., 1916, No. 3874, on verdict for plaintiff in case of Frank P. O’Rourke v. Samuel R. Blocksom, trading as S. R. Blocksom Motor Company. Trespass for deceit in the sale of a second-hand automobile. Before Barratt, P. J. The facts are stated in the opinion of the Superior Court. The court below charged in part as follows: [“It has been attempted to get into your heads by the .defendant that this transaction was not a sale to this plaintiff of the Lozier automobile, but that really the defendant…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s cause of action was a deceit alleged to *97have been practiced on him by the defendant in the sale of a second-hand automobile. It was stated in an advertisement published by the defendant that the car offered for sale contained a “brand new motor” and the plaintiff testified that the defendant’s agent who made the sale told him that the car was in good shape all over with an absolutely brand new motor in it. The car was priced at $1,000. On the strength of the representations made the plaintiff accepted the car, delivering in payment therefor a Haynes car…
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