Foulk v. Eckert

Citations

• 61 Ill. 318

Syllabus

<p>1. Evidence—impeaching a, witness. A witness called to impeaeht.be general character of another for truth and veracity, should he asked if he is acquainted with the general character of the witness, in his neighborhood, for truth and veracity, and he must answer in the affirmative before he cau testify as to his character as to truth; but although he may he asked as to his character before lie has stated he knows it, there can arise no harm when he answers lie does not know how the neighbors regard the witness in reference to his truthfulness.</p> <p>2. In such a ease, it is improper for the witness to volunteer testimony unfavorable to the character of the witness sought to he impeached, but that will not reverse as it was not called for, and the adverse party did not move to exclude it from the jury; but liad it been asked, and had the court failed to exclude the evidence, it would have been error.</p> <p>3. Fraud—rescission of contract—notice. Where a person sells an article of personal property to another, and the evidence tends to prove there were false and fraudulent representations as to the condition of the property, and it is not seen by the purchaser until after the purchase, when he finds it entirely different from what was represented, lie would not be required to give the vendor notice that he rescinded the contract, and it would be error for the court to instruct the jury that he could make no defense in a suit for the purchase price without he gave notice in a reasonable time of his refusal to receive the property.</p>