Carpenter v. Davis

Citations

• 71 Ill. 395

Syllabus

<p>T. Parol girt—title to the proceeds of sale by the donee, with the permission of the donor. Whilst it is true that a parol gift of a chattel is incomplete without delivery, yet where the donor permits the donee to sell the gift, and the donee, with the proceeds of such sale, purchases from the donor other property, the title to such property is perfect.</p> <p>2. So, where one gave to his minor step son, who was living with him as a member of his family, a calf, and permitted him to sell it, and then sold a horse to him, and took the proceeds of the sale of the calf in payment therefor, it was held, that the title to the horse passed by'purchase, and not by gift, and was perfect in the son.</p> <p>3. Error—will not always reverse. Even if it appears that some improper testimony lias been admitted, still, if the legitimate evidence in the case fully sustains the verdict, and it is apparent that, upon another trial, with the improper evidence excluded, the result would necessarily be the same, the judgment will not be reversed.</p>