Cogel v. Kniseley

Citations

• 89 Ill. 598

Syllabus

<p>1. Sale—-fraud in not disclosing patent defects. A vendor of an engine which has been through a fire is not bound to disclose the fact of cracks in the bed which are visible on inspection, where the buyer'examines the same, and the vendor does nothing to conceal the defects or prevent the purchaser from detecting them; and for a failure to make such disclosure he can not be held guilty of a fraud.</p> <p>2. It is only concealed defects, known to the seller, that he is bound to disclose to the buyer. In the sale of a second hand engine the seller is not guilty of a fraud in not disclosing the fact that it had before been subjected to a fire, when he had, before the sale, caused the same to be overhauled and repaired so as to make the same able to perform such service as he represented to the buyer, where the proof does not show any material injury caused by the fire, and the purchaser, before the sale, has the same examined by an experienced engineer, though on a cloudy day and in a room indifferently lighted. The fact the purchaser would not have bought had he known the engine had been through a fire, will not change the rule.</p>