Summary
holding that "[f]raud arises where the misrepresentation is knowingly false, where there is a concealment calculated to deceive, or where there is a non-privileged failure to disclose"
Summary of this case from Leder v. ShinfeldOpinion
January 13, 1958.
March 17, 1958.
Appeals — Review — Chancellor's fact findings.
A chancellor's fact findings which are supported by adequate evidence and are confirmed by the court en banc are conclusive.
Argued January 13, 1958. Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, JONES and COHEN, JJ.
Appeal, No. 48, Jan. T., 1958, from decree of Court of Common Pleas of Montgomery County, June T., 1955, No. 2, in equity, in case of Paul DeJoseph v. Pietro Zambelli and Concetta Zambelli. Decree affirmed.
Same case in court below: 11 Pa. D. C.2d 447.
Equity. Before DANNEHOWER, J.
Adjudication entered rescinding agreement of sale of real estate and directing reconveyance of property to defendant and return of purchase price to plaintiff; exceptions dismissed and final decree entered. Defendants appealed.
Frederick B. Smillie, with him Smillie, Bean, Davis Tredinnick, for appellants.
Thomas J. Burke, with him Haws Burke, for appellee.
A Chancellor who saw and heard all the witnesses decreed a rescission of a contract of purchase and a recovery of the purchase price on the ground of fraud and misrepresentation.
In Howarth v. Miller, 382 Pa. 419, 115 A.2d 222, the Court, quoting from Peters v. Machikas, 378 Pa. 52, 56, 105 A.2d 708, said (page 424): " 'Findings of fact [which are genuine findings of fact] made by a Chancellor who saw and heard the witnesses, when confirmed by the Court en banc, will not be reversed on appeal if they are supported by adequate evidence: Pregrad v. Pregrad, 367 Pa. 177, 80 A.2d 58; Barrett v. Heiner, 367 Pa. 510, 80 A.2d 729.' "
In the instant case the Chancellor's findings of fact were supported by adequate evidence and were affirmed by the Court en banc and justified his conclusions of law.
The decree is affirmed on the opinion sur findings of fact and conclusions of law of the Chancellor, President Judge DANNEHOWER. Costs to be paid by appellants.