FROWEN v. BLANK


242 Pa.Super. 276 (1976)

363 A.2d 1267

Blanche FROWEN, a widow, Appellant, v. J. Marshall BLANK, Appellee.

Superior Court of Pennsylvania.

September 27, 1976.


Attorney(s) appearing for the Case

Robert J. Milie, Waltz & Milie, Greensburg, for appellant.

Christ C. Walthour, Jr., Kunkle, Walthour & Garland, Greensburg, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


SPAETH, Judge:

This appeal is from the dismissal of an action in equity to rescind an agreement of sale. At the conclusion of appellant's case, the trial judge dismissed the complaint on the ground that appellant had failed to sustain her burden of proof on the question of fraud. Exceptions were dismissed by a court en banc with one judge dissenting. Appellant's position is that if she did not prove fraud, she did prove a breach of confidential relationship. Although...

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