Cochran v. Chitwood

Citations

• 59 Ill. 53

Syllabus

<p>1. Principal and agent—warranty ly the latter. An agent, acting under a general authority from his principal to make the sale, sold to another two mules, and the principal subsequently ratified the sale by accepting from the agent the note given for the purchase money: Held, the principal was bound by any warranty of the agent, to the purchaser, in regard to the soundness of the mules.</p> <p>2. Breach of warranty in part, as to personal property—recovery of purchase price. In an action on a promissory note, given .for the purchase money of two mules, as a defense thereto the defendant set up an alleged warranty, by the plaintiff, that the mules were sound, averring that they were unsound and by reason of which they both died. The evidence established the fact, that one of the mules was sick before the sale, but as to the other there was some doubt as to whether there had been anything the matter with it at the date of the sale. The defendant not. having offered to return the property and rescind the contract, on the ground of the deceit practiced, an instruction which directed the jury in case there was a warranty, that if either of the mules was sick they should find for the defendant, was regarded as erroneous, inasmuch as it did not follow, that if one of the mules was unsound the plaintiff could not recover for the other, if sound, notwithstanding the warranty.</p>