170 A. 282 | Pa. | 1934
Argued January 2, 1934. This action is in trespass for deceit. At the trial, upon defendant's motion, a compulsory nonsuit was entered, which the court in banc subsequently refused to take off, whereupon plaintiff appealed.
From the testimony, which we read in the light most favorable to plaintiff (Moore v. Erie Rys. Co.,
Upon this testimony, we think the trial judge made no mistake in entering a judgment of compulsory nonsuit. In order to maintain an action for deceit, plaintiff must show a fraudulent misrepresentation of fact, made with the intention that it should be relied upon, and that it actually was relied upon to its loss: Cox v. Highley,
In view of this disposition of the case, it is unnecessary for us to consider the other questions raised.
Judgment affirmed.