Hamilton v. Singer Manufacturing Co.

Citations

• 54 Ill. 370

Syllabus

<p>1. Replevin—rescinding a contract of sale—placing the purchaser in statu quo. Where a sewing machine was sold and delivered to the purchaser, a part of the price being paid in hand and the balance to be paid in instalments, the vendor can not maintain replevin for the machine, upon the refusal of the purchaser to make further payment on the ground the machine was not such as he had contracted for, without refunding the money already paid.</p> <p>2. Same—demand and refusal. Nor could the action be maintained without a demand made by the plaintiff and a refusal by the defendant to return the machine.</p> <p>3. Instructions—should be based upon the evidence. It is error to give an instruction purporting to be based upon facts in the case, when there is no evidence of such facts.</p>