Darlington's Appeal
Supreme Court of Pennsylvania
Appeal from, the Court of Common Pleas, of Chester county: Of January Term 1878, No. 172. In Equity. This was a bill in equity, filed by Jacob H. Darlington against Job Darlington, Franklin Darlington, Hoopes Darlington, Sidney D. Pennock, Samuel Dixon and Hannah J. Dixon, his wife, to compel them to pay to him the value of a certain farm in Chester county, according to an award made by certain referees mutually chosen by the parties, or to convey and release to him, all…
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Appeal from, the Court of Common Pleas, of Chester county: Of January Term 1878, No. 172. In Equity. This was a bill in equity, filed by Jacob H. Darlington against Job Darlington, Franklin Darlington, Hoopes Darlington, Sidney D. Pennock, Samuel Dixon and Hannah J. Dixon, his wife, to compel them to pay to him the value of a certain farm in Chester county, according to an award made by certain referees mutually chosen by the parties, or to convey and release to him, all right, title and interest, in the said farm, and also to pay to him the sum of $1000 and interest, according to said award,…
1Opinion of the CourtJustice Trunkey
An act or contract, though not originating in any evil design or contrivance to injure another, yet tending to deceive and mislead, or violate private confidence, is a constructive fraud, equally reprehensible with actual fraud, and prohibited by law. Constructive fraud often exists where the parties to the contract have a special confidential or fiduciary relation, Avhich affords the poAver and means to one to take undue advantage of, or exercise undue influence over the other. Wherever, from such relation, considerable authority or influence necessarily exists on the one side, and a…
2Cases cited1 opinion
- Weeks v. HaasSupreme Court of Pennsylvania · 1842
3Cited by47 opinions
- Shapiro v. ShapiroSupreme Court of Pennsylvania · 1966
- McCown v. FraserSupreme Court of Pennsylvania · 1937
- Yenchi, E. v. Ameriprise Financial, Aplts.Supreme Court of Pennsylvania · 2017
- Lochinger v. HanlonSupreme Court of Pennsylvania · 1943
- Butler v. ButlerSupreme Court of Pennsylvania · 1975
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