Bradley v. Parks

Citations

• 83 Ill. 169

Syllabus

<p>1. Instruction—must be based on evidence. An instruction on a state of facts of which there is no evidence tending to prove, is erroneous and calculated to mislead.</p> <p>3. Pledge—where title passes by sale by the pledgee. A pledgee of a chattel may sell his interest in the same, and the owner can not recover the same of the purchaser without tendering him the sum due thereon, and if the pledgee is suffered to retain possession after tender of the sum due, and a sale is made to an innocent purchaser, who has no notice of the fact of its being only a pledge, the latter will acquire the title, even as against the real owner.</p> <p>3. Same—tender and its abandonment. Where the pledgor of a chattel, after tendering the sum due the pledgee, takes no steps to recover possession, he will authorize others to regard the pledge as still subsisting, and if purchased by another he can not recover the same in replevin, without tendering the sum due, to such purchaser.</p>