Western Reporter Volume 9

Western Reporter Volume 9

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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. 1887 edition. Excerpt: ... vitiate a contract, the party making them must know their falsity and he must use means to deceive; also that the proof of the fraud must be of the strongest nnd most cogent character. The same thing is held in St. Louis db S. E. R. C0. v. Rice, 85 Ill. 406. In Grier v. Puterbaugh, 108 Ill. 607, the court says: "To render the contract void for false representations, they must be untrue when made, and they must be known to be so by the party making them, and they must be such as an ordinarily prudent man would rely on as true." The same thing, in substance, is reiterated in 1-Ioldom v. Ag/er, 110 Ill. 448, and the matter said not to be an open question. If any error in this regard was committed, it was in the instructions given on behalf of appellants, where the jury are charged that a declaration as to what a party will do in the future may be used almost three years afterwards to overturn contracts then made. It is confidently believed that such a principle is hostile to the settled law of this State. Having brought this action of assumpsit, appellants thereby aifirmed the contract of sale of the articles for the price of which the suit was brought, and cou d not afterwards replevy them. This is settled law. Kellogg v. Turpie, 93 Ill. 267. Appellees could not rescind the contract without tiist otfering to surrender the note. It is the settled law of this State that a party seeking to rescind a contract for fraud must do so in toto, and return, or ofier to return, to the other party everything of value received on account of t e contract. He cannot rescind in partand affirm in part. Kellogg v. Turpie, supra. In Bowen v. Schuler, 41 Ill. 192, it was held that where part of the purchase money had been paid it must be returned...
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Product details

  • Paperback | 938 pages
  • 189 x 246 x 47mm | 1,637g
  • United States
  • English
  • black & white illustrations
  • 1236743288
  • 9781236743282