Allen v. Hart

Citations

• 72 Ill. 104

Syllabus

<p>1. False Representations—when cause for rescinding contract. Any wilful misrepresentation of a material fact made with a design to deceive another, and to induce him to enter into anegotiation he would not otherwise do, will enable the party who has been overreached to annul the contract.</p> <p>3. But it is not indispensable to the right to rescind that the party making the misrepresentation knows it is false, or whether he is ignorant of the fact stated, provided it is material, and the other party has a right to rely upon it, and does so and is deceived.</p> <p>3. The vendor of a patent match box, and of territory covered by the patent, represented to the vendee, who had himself no knowledge on the subject, and no means of obtaining it, that the territory proposed to be sold was very valuable; that other parties had made purchases, and all had done well and realized large profits: Held, that the vendee had the right to rely on these statements, and having done so, and the statements having.proved to be false, he had a right of action to recover hack the money paid for such patent right.</p> <p>4. Expression oe opinion—as to merits of article sold does not vitiate the sale. A party may express his opinions freely as to the merits of any article he may have to sell, and can not be held responsible in an action for the truth or falsity of such expressions. A simple recommendation of goods, however unwarranted, is not, of itself, sufficient to vitiate a sale.</p>