Frankenthal v. Camp

Citations

• 55 Ill. 169

Syllabus

<p>1. Action—whether trespass or an action on the case. Where the owner of goods has sold them and received a part of the purchase money, and the sale has been rescinded by the vendee by reason of the inability of the vendor to deliver the goods, such inability being occasioned by the forcible and wrongful seizure of the property by a third person, after the sale and while it was still in the possession of the vendor, it was held, a consequential injury resulted to the latter in the loss of his sale, for which he could maintain an action on the case against the wrong doer.</p> <p>2. And as the goods were forcibly and wrongfully taken from the vend- or’s possession, he might have brought trespass and recovered their value.</p>