Harzfeld v. Converse

Citations

• 105 Ill. 534
• 1883 Ill. LEXIS 119

Syllabus

<p>1. Appeals—evidence of grounds of decision of Appellate Court. Upon an appeal from an appellate court the opinion of that court can not be looked into to ascertain what that court decided. It must appear from the judgment or final order of the court.</p> <p>2. Same—reversal, when a final judgment. The judgment of the Appeliate q0U1.j; reversing the judgment of the trial court will be treated as a final judgment on the merits, independently of any action or ruling of the latter court on the trial of the case.</p> <p>Same—only from final judgments. No appeal will lie to this court from a judgment of the Appellate Court merely reversing the judgment of the court, unless it is a final one, disposing of the case on its merits. The Appellate Court may render final judgment on appeal or error, and cause execution to be issued thereon. .</p> <p>4. Same—/acts found by the Appellate Cowrt are conclusive. Where the Appellate Court finds the facts in an ordinary suit at law, upon which it bases its final judgment, this court is precluded by the statute from finding them otherwise, and will not consider any questions of law that may arise on a different state of facts.</p> <p>5. Rescission—purchaser must rescind in toto, or not at all. A party will not be permitted to affirm a contract in part, and rescind as to the residue. If he rescinds at all, he must do so in toto. The opposite party must be placed in as good a condition as he was before the sale by a return of the property purchased, unless it is entirely worthless.</p> <p>6. Where the plaintiff, in an action to recover back a portion of the purchase price of certain goods, had purchased of the defendant six cases of beavers under an entire contract, and upon receiving the same made no objection to any part of them, and did not, before suit, offer to return to the defendant all the goods, but confined his offer to return to a portion, and expressly elected to retain the other part, it was held, that the plaintiff could