Delafant v. Shapiro
Superior Court of Pennsylvania
Appeal, No. 158, October T., 1919, by defendant, from judgment of Municipal Court of Philadelphia, October T., 1918, No. 395, on verdict for plaintiff in case of Charles Delafant v. Charles I. Shapiro. Assumpsit on written contract for sale of real estate. Before Knowles, J. The opinion of the Superior Court states the case. Verdict for plaintiff for $512.50 and judgment thereon. Defendant appealed.
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Appeal, No. 158, October T., 1919, by defendant, from judgment of Municipal Court of Philadelphia, October T., 1918, No. 395, on verdict for plaintiff in case of Charles Delafant v. Charles I. Shapiro. Assumpsit on written contract for sale of real estate. Before Knowles, J. The opinion of the Superior Court states the case. Verdict for plaintiff for $512.50 and judgment thereon. Defendant appealed. Error assigned was refusal of defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Keller, J.,
Even without any special representations on the subject, the plaintiff was justified in assuming that the business which he was buying was what in the contract it was described and held out to be, a hotel. If before completing the purchase he discovered that the business which the defendant was conducting at his titiilar hotel was actually a bawdyhouse, a public nuisance, he had a right to rescind the contract and demand back his first payment. The contract did not include the real estate; only the business, trade and goodwill, and the personal property. If the defendant…
2Cases cited8 opinions
- Kuhn v. BuhlSupreme Court of Pennsylvania · 1916
- Morrish v. MorrishSupreme Court of Pennsylvania · 1918
- Miles v. StevensSupreme Court of Pennsylvania · 1846
- Croyle v. MosesSupreme Court of Pennsylvania · 1879
- Muller v. Wm. F. Stoecker Cigar Co.Nebraska Supreme Court · 1911
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3Cited by4 opinions
- Shannon's EstateSupreme Court of Pennsylvania · 1927
- United Security Life Insurance v. BrownSupreme Court of Pennsylvania · 1921
- Berlin Smokeless Coal & Clay Co. v. RohmSupreme Court of Pennsylvania · 1922
- Bauer v. Hoffower, Pennsylvania Court of Common Pleas, Cameron County1942