Suraci v. Ball

Opinion by

Reno, J.,

Appellant challenges a judgment entered against him by the court below which sustained an affidavit of defense raising questions of law to appellant’s statement of claim in assumpsit.

The statement alleged that, relying upon fraudulent misrepresentations of defendant’s husband, a real estate agent acting for her, appellant executed a written contract to purchase real estate which he desired to acquire as an investment, and that the annual tax charge was a material consideration to him. The fraudulent misrepresentation was the agent’s statement that “he had made a check of…