McCandless v. Young
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county: Of October and November Term 1879, No. 156.- This was an action of assumpsit brought by Simon Young against W. D. McCandless, to recover from defendant, as money had and received by him which belonged to the plaintiff, the price "of some thirty-eight acres of land at $100 an acre, with interest from the date of receipt, which the plaintiff alleged he paid to the defendant, and which should be repaid, because of deceit…
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Error to the Court of Common Pleas of Butler county: Of October and November Term 1879, No. 156.- This was an action of assumpsit brought by Simon Young against W. D. McCandless, to recover from defendant, as money had and received by him which belonged to the plaintiff, the price "of some thirty-eight acres of land at $100 an acre, with interest from the date of receipt, which the plaintiff alleged he paid to the defendant, and which should be repaid, because of deceit practised on him by defendant in the sale of a tract of land in Centre township, which the defendant falsely and…
1Opinion of the CourtJustice Sterrett
The vital question, on the trial of this case in the court below, was the scienter of the defendant at the time he made the representations on which the action is grounded. The charge of the learned judge contains a clear and accurate statement of the law applicable to the controlling facts of the case as we gather them from the paper-books and admissions of counsel. It is not denied that defendant below represented to plaintiff, when the latter was 'about to purchase his farm, that it contained one hundred and eighty-six acres,- nor can it be doubted that the representation was made for the…
2Cited by2 opinions
- Griswold v. GebbieSupreme Court of Pennsylvania · 1889
- Boddy v. HenrySupreme Court of Iowa · 1904