Farwell v. Hanchett

Citations

• 120 Ill. 573
• 11 N.E. 875

Syllabus

<p>1. Rescission of sale for fraud of the purchaser—demand for return of the property. Where goods are obtained by a vendee through fraud, the vendor may rescind the sale, and maintain trover or replevin for their recovery, against the fraudulent vendee, or any other person not holding them as an innocent purchaser, without any previous demand for their return.</p> <p>2. Same—placing vendee in statu quo. If the vendor of goods takes the vendee’s note for the purchase money, he must surrender or offer to return the same before he can rescind the sale for fraud, and maintain an action to recover the goods.</p> <p>3. Same—false pretences—whether essential to right of rescission. The purchase of goods by one who, at the time, intends not to pay for them, is such a fraud as will entitle the vendor to avoid the sale, although there were no fraudulent misrepresentations or false pretences.</p> <p>4. - In an action by the vendor of goods to avoid a sale thereof on the ground of fraud, it is error to instruct the jury that the burden of proof is on the plaintiff to prove, by a preponderance of the evidence, that the defendant bought the goods in controversy from the plaintiff, and that the defendant used means to deceive, and did deceive, the plaintiff, and that he did not intend to pay for the goods when he bought them. The purchase of the goods without intending to pay for them is sufficient to avoid the sale, without proof of anything else.</p> <p>5. Replevin—whether demand necessary. No demand is required before bringing replevin for the recovery of goods, the possession of which has been wrongfully obtained from the plaintiff by fraud. Such demand is not required to be made of a fraudulent vendee, nor of the sheriff having taken possession of the goods under an execution against such vendee.</p> <p>6. Same—when the right must have accrued—as respects the judgment—retorno hahendo, etc. Where the plaintiff was not entitled to the possession of the chattels at the time of