Flower v. Brumbach

Citations

• 131 Ill. 646
• 23 N.E. 335

Syllabus

<p>1. Election of bemedy—amendment—changing the form of action. The fact that a party has elected one of several remedies by action, will not, in general, preclude him from abandoning such suit, and after having' discontinued it, he may adopt any other remedy.</p> <p>2. The vendor of goods sued the purchaser in assumpsit for their price. After a capias issued had been quashed, the plaintiff, by leave of court, by amendment, changed the form of action to an action on the case, charging the defendant with fraud and deceit in the purchase of the goods, and recovered their value: Held, that the court properly allowed the amendment. The plaintiff is not to be confined to the form of action he may first adopt.</p> <p>3. Evidence—letters between parties—explaining what was meant, and how understood. On the trial of an action against one for fraud and deceit in the purchase of goods, the plaintiff gave in evidence the defendant’s letter upon the faith of which the sale was made. The defendant’s counsel then offered to prove by the defendant what he meant by expressions used in such letter, what he believed the plaintiff meant by his prior letter, and what he thought it necessary to state in reply thereto : Held, that the trial court properly refused to allow the questions and the offered testimony.</p>