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Keywords

contracttrialtestimonyappellantappellee

contractdefendanttrialtestimonyappellantappellee

Related Cases

Wolfeld v. Hanika, 95 Ind.App. 44, 179 N.E. 178

Facts

Daisy Hanika purchased a fur coat from the appellants, who represented it as 'first grade Alaskan seal.' After discovering that the coat was not as represented, Hanika sought to return the coat and demanded a refund, which the appellants refused. Expert testimony confirmed that the coat was of inferior quality, leading to the claim of fraud.

The appellee, Daisy Hanika, testified that in January, 1929, she called at the place of business of appellants and selected a coat, ordered certain alterations, bought and paid for it the next day when it was delivered to her. She testified that the salesman said the coat was 'first grade Alaskan seal.' A few weeks after the transaction was thus completed, she returned with the coat to the defendant's place of business and suggested certain alterations by piecing and at that time was informed by one of the defendants 'Mortimer' that they could not piece the coat as it was made with one skin. She testified that later on in October, 1929, she learned that it was not first grade Alaskan seal; she offered to return the coat, demanded her money back or a good coat, which appellants refused.

Issue

Did the trial court err in finding that the appellants committed fraud in the sale of the fur coat to the appellee?

Rule

In cases of fraud, the contract is voidable, and the defrauded party may rescind the contract by returning or offering to return the property received.

In the case of Thompson v. Peck, 115 Ind. 512, 18 N. E. 16, 1 L. R. A. 201, it was held that where the sale of property is induced by fraud, the contract is not void, but voidable, and the party defrauded may elect to rescind the contract by returning or offering to return whatever of value he may have received and reclaim his property.

Analysis

The court applied the rule regarding fraud by determining that the appellants' misrepresentation of the coat's quality constituted fraud. The trial court found the testimony of Hanika and her witnesses credible, leading to the conclusion that Hanika was justified in her reliance on the appellants' statements.

The trial court believed the testimony of the appellee and her witnesses. We cannot weigh the evidence. The question of fraud is one of fact for the trial court to be determined from the evidence.

Conclusion

The appellate court affirmed the trial court's judgment in favor of Hanika, finding no reversible error in the decision.

Finding no reversible error, the judgment is affirmed.

Who won?

Daisy B. Hanika prevailed in the case because the court found sufficient evidence of fraud based on the misrepresentation of the coat's quality.

The trial court believed the testimony of the appellee and her witnesses.

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