Grant v. Fellows

Citations

• 58 Ill. 242

Syllabus

<p>1. Chaitoeby—rescission of contracts—because of fraudulent representations. A bill was filed in this case to rescind a deed, on the ground of fraudulent representations made by the grantee at the time of its execution, and it was held, that the facts did not authorize such relief—-the grantee having made no false statement of any material fact which influenced the conduct of the other party, nor suppressed any fact that he was bound to disclose.</p> <p>2. Same—-false representation—what is not. And in such case it can not be said that a fraud has been practiced upon the vendor because of a statement made by the purchaser at the time of the sale, that he intended to buy an adverse title, and would probably have to pay for it about all the laud was worth, and instead of so doing, he subsequently litigated with the owner of it, and was successful. Whether he proposed to buy such adverse claim, or litigate with the owner of it, was no affair of the vendor, and could not have influenced his action.</p>