This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 Excerpt: ...and misleading, they are to be considered as a whole." It is also said that, "when an allegation of fraud is relied on in an affidavit of defense, the facts constituting the fraud should be fully set forth; but when representations inducing a contract are indefinite, an averment that such representations were false and fraudulent entitles defendant to have the bona fides of such representations intrusted to a jury." In Standard Interlock Elevator Company v. Wilson, 218 Pa., 280, Mr. Justice Potter said: "It is true that false statements to be deemed fraudulent in law must relate to something represented as an existing fact, but a statement 'apparently only of intention, purpose or opinion, may amount to a statement of fact, as where a person fraudulently misrepresents his intention in doing a particular act to the damage of another': Benjamin on Sales, sec. 449 et seq. In this connection is cited the case of Edgington v. Fitzmaurice, L. R., 29, Ch. Div., 459, where the directors of a company issued a prospectus inviting subscriptions for debentures, stating that the objects of the issue of the debentures were to complete alterations in the buildings of the company, to purchase horses and vans, and to develop the trade of the company, whereas the real object of the loan was to enable the company to pay off pressing liabilities. It was held that the misstatement of the object for which the debentures were issued was a material misrepresentation, and rendered the directors liable to an action for deceit." It must be remembered that, in this case, the alleged misrepresentations were made by the president and manager of the company to induce the sale of its stock. In this respect it differs from Folsom Real Estate Co. v. Esmark, 38 Sup.....