Elder v. Sabin

Citations

• 66 Ill. 126

Syllabus

<p>1. Rescission of executed contract—must be done in a reasonable time after discovery of frcmd. On bill in chancery to rescind the purchase of a house and lot, which had been executed by a conveyance, and the giving of notes and mortgage on the premises for the unpaid purchase money, on the ground that the vendor, at the time of the sale, represented that there were in existence papers guaranteeing the right to use water from a well on the adjoining lot, and providing that whenever the owner of the • lot sold would sink a well on such lot, the former owner of both lots would furnish the stone to wall the same, and that the vendor would get such papers and give them to the purchaser, which representations were not true; it appeared that the purchase was made about the first day of October, 1869, and completed in a week or ten days thereafter, by the payment of §2000, the delivery of the deed, and the execution of notes and mortgage for §2100, the balance of the price, and the taking of possession; that in May, 1870, the owner of the adjacent lot refused the privilege of getting water from Ms well; that the purchaser then offered to rescind, when the vendor offered to dig the well, if possession was given for that purpose; and that on June 14th, 1870, the purchaser tendered the vendor a deed for the premises and §200 for rent, and demanded a return of the money paid and the notes and mortgage, and on refusal filed his bill to rescind: Held, that the facts were sufficient to justify a rescission, if the contract had not been executed; but that the purchaser having received the deed, gone into possession without taking steps to secure the use of water from the well on the adjoining lot, and held the property for about seven months, the application came too late to set aside the sale, and have the notes and mortgage cancelled, for a misrepresentation of the kind, which was not regarded of sufficient importance to justify a rescission after such a delay.</p> <p>2. Saiíe