Endsley v. Johns

Citations

• 120 Ill. 469
• 12 N.E. 247

Syllabus

<p>1. Hraud and deceit—liability of one who receives no advantage from his false representations. If a person damages another by false representations made with intent to deceive, knowing the same to be false, he will be liable to the party so injured, in an action for deceit, notwithstanding he may derive no benefit by the deceit, and did not collude with the party benefited. The fraud and the scienter constitute the ground of the action.</p> <p>2. Same—of the intent to deceive-—whether essential. If there was no intention to deceive, the person making the representation honestly giving his own opinion, believing he is stating the truth, will not be liable, though his statement may be wholly untrue. But when he knowingly states what is untrue, a fraudulent purpose will be inferred; and when the statement relates to the matter inquired of and being relied on, and necessarily brings damage to the person misled, he having no knowledge of its untruth, the action will lie.</p> <p>3. Same — as between vendor and vendee. As between a vendor and vendee, the general rule is, that false assertions respecting value are not actionable, for the reason that value is, at most, an opinion, and the antagonistic position of the parties is sufficient to put the vendee on his guard. But when the vendor leaves the domain of judgment and opinion, and falsely asserts a fact, as, of quantity, grade, boundary, and the like, inducing reliance and action thereon by one without knowledge of the falsehood, or the present opportunity or ability of verification, and under circumstances justifying belief, and damage results in consequence, an action will lie.</p> <p>4. Same—false representations by third persons. The principle controlling where the relation of the parties is that of vendor and vendee, has no application when the representation complained of is made by a third party as to the character and credit of another, or asserting another’s solvency or reliability. In such case, if a materi