205 Pa. 652
Decided May 4, 1903
Supreme Court of Pennsylvania · decided 1903-05-04
Appeal, No. 174, Jan. T., 1902, by plaintiff, from order of C. P. No. 2, Phila. Co., Dec. T. 1890, Nos. 782 and 788, overruling exceptions to auditor’s report in case of Jacob Rossbach and Leopold Rossbach, trading as J. H. Rossbach & Company, v. Marcus Beebe and Junius Beebe, trading as Beebe & Sons. Exceptions to report of Thomas B. Price, Esq., referee.
Affirmed · Decided 1903-05-04
¶1This is an effort .to rescind a sale for fraudulent representations by the buyer, on the faith of which plaintiffs parted with their goods. But the referee found affirmatively that the rep*653resentations were not fraudulent but made in good faith, and his finding has been approved by the court. It was a question of fact depending on the weight of evidence and the credibility of witnesses. It has not been shown that there was any clear error.
¶2Judgment affirmed.