Weekly notes of cases argued and determined in the Supreme Court of Pennsylvania, the County courts of Philadelphia, and the United States District ... Eastern district of Pennsylvania Volume 10 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 Excerpt: ...into purchasing their interests by false representations as to the value of the lands purchased, and as to the fooling upon which complainants were to stand as compared with that of defendants, and finally in reporting a decree dismissing the bill. On December 13, 1874, the exceptions to the Master's report were argued, and the same day the bill was amended by permission. The amendments consisted of new allegations as to the misrepresentations made by defendants to complainants, but comprised nothing as to which the evidence had not been already passed upon by the Master. The report of the Master was then by agreement referred back to him to enable him to review the case in the light of the bill as amended. He reported that he had been "unable to find in any of the amendments any just grounds for changing the conclusions of his report." Exceptions were filed, and the case twice argued before the Court. The Court having intimated an opinion adverse to that of the Master, argument was then heard in Februa-y, 1879, as to the form of the decree. Defendants then moved for leave to answer the amended bill, which leave was refused them. On April 21, 1880, the opinion of the Court was delivered by Yerkes, J. The Court were satisfied from the evidence that defendants Harper and Pennell had occupied a fiduciary relation towards the complainants, that they had deceived them as to the real value of the land bought, and that they fraudulently represented to them that they were to come into the concern on the same footing as defendants themselves. The following decree was accordingly entered: "And now, April 21, 1880, the above case having been argued, and after full consideration, it is ordered and decreed that the defendant, B. W. Harper, pay to the plai...
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