Fauntleroy v. Wilcox

Citations

• 80 Ill. 477

Syllabus

<p>1. Fraud—representations not relied on, no ground for molding contract. The fact that the owner of property which is the subject of a contract makes representations as to their quality which prove to be untrue, will not furnish ground for avoiding liability under the contract, where the other party does not rely on such representations, but enters into the contract upon his own investigation and examination.</p> <p>2. A party disposing of logs to be manufactured into lumber, is not required to under-estimate their value, but, on the other hand, he will have the clear right to extol their superior quality, by any .and all fair means, to procure a good price, and if he refuses to warrant their quality, and requires the other party to examine for himself before making the contract, such other party will have no right to complain, though the seller gave it as his opinion that the logs would produce a greater per cent of superior lumber than was actually realized.</p> <p>3. Same—every false affirmation does not amount to. While it is true that fraud vitiates all contracts, yet every false affirmation does not amount to a fraud. A knowledge of the falsity of the representation must rest with the party making it, and he must use some means to deceive or circumvent.</p>