Reports of Cases Determined in the Appellate Courts of Illinois Volume 178

Reports of Cases Determined in the Appellate Courts of Illinois Volume 178

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...of said consideration is hereby acknowledged as having been received under said contract. Defendant further alleges that after plaintiff had occupied said store for a day he requested this defendant to retake possession thereof and that defendant hereto demanded of plaintiff the balance due under said contract, which plaintiff wholly refused to pay, and that defendant accepted possession of said store because he considered it absolutely necessary in order to protect the goods therein, and that he did not accept possession until plaintiff had abandoned or surrendered possession of same." The claim is then made for $975 damages against the plaintiff. The court on the trial found the issues against the defendant, assessed the plaintiff's damages at $200 and entered judgment in his favor against the defendant for that amount. The defendant is by this writ of error endeavoring to reverse this judgment. We think the judgment should be aflirmed. There is no sufficient evidence of misrepresentation that would avoid the contract, although the testimony leaves Wolf V. Iake, 178 Ill. App. 340. some suspicion of not over scrupulous "pufling" of the value of the good will sold. But we should not consider the judgment justified if it had to rest upon this. The statement of the matter, however, by the defendant himself in his aflidavit of merits and in his counterclaim, borne out as it is also by the meagre evidence on the subject, shows what the law calls and makes a rescission of this contract by mutual consent, despite the attempt to put another aspect on it. In case of such rescissions the parties should be put by each other as nearly as possible in the "statu qua ante, etc.," and the law will compel a final...
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Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236855019
  • 9781236855015