Legal Opinion

Percival v. Harres

Pennsylvania Court of Common Pleas, Philadelphia County

Decided May 18, 1891No. 158PublishedCited by 1 opinion

No. 158 January Term 1891, Sup. Ct.; court below, No. 440 June Term 1888, C. P. No. 8. On August 18, 1888, Winston G. Percival, to use of A. Jackson Loecher, brought trespass against Charles G. Harres, Richard P. Lardner and Tony Auer, filing a statement of claim averring as follows: “ The plaintiff was the owner of the stock and fixtures of a grocery store, situate at No. 1802 Columbia Avenue, in the city pf Philadelphia.

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No. 158 January Term 1891, Sup. Ct.; court below, No. 440 June Term 1888, C. P. No. 8. On August 18, 1888, Winston G. Percival, to use of A. Jackson Loecher, brought trespass against Charles G. Harres, Richard P. Lardner and Tony Auer, filing a statement of claim averring as follows: “ The plaintiff was the owner of the stock and fixtures of a grocery store, situate at No. 1802 Columbia Avenue, in the city pf Philadelphia. “ On the fourteenth day of July, A. D. 1888, Tony Auer, one of the defendants, applied to the plaintiff to sell him the stock and fixtures, and offered the sum of seven…

1Opinion of the Court

*372 Opinion,

Mr. Justice Mitchell :

This is an action for conspiracy to defraud, and the plaintiff’s case is substantially this: That, being desirous of selling out his grocery business, he advertised it, and received an offer from defendant Auer, which resulted in an agreement to sell for seven hundred dollars, payable in thirty and sixty days, and secured by two promissory notes of Auer, indorsed by defendant Lardner. During the negotiations, plaintiff claims that Harres, the third defendant, made very specific representations as to the financial responsibility of Lardner, including statements…

2Cited by1 opinion

  1. Kaiser v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1922

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