Hauk v. Brownell

Citations

• 120 Ill. 161

Syllabus

<p>1. Fraud—false representations as to the cost of an article proposed to be sold. Where, pending negotiations for the sale of property, the vendor and vendee are dealing at arm’s length with each other, the representations of the former as to the cost of his property, even though false, and made with a view to deceive, will furnish no ground of action, nor authorize the vendee to rescind the contract.</p> <p>2. This rule, however, does not apply where any fiduciary relation exists between the parties, or where the property in regard to which the vendor makes a false statement has been bought by him on the joint account of himself and his vendee. In such case, a misrepresentation as to the price paid will give a right of action.</p> <p>3. Measure of damages—in action to recover bach purchase money obtained by fraud. Where a vendor of an interest in a certain license, falsely represented to another the cost of the license, and thereby induced the latter to make the purchase, under the belief that the license cost as much as repre-</p> <p>• sented, it was held, in assumpsit by the purchaser to recover back the money paid under the contract, that he was entitled to recover the whole sum paid by him, with six per cent interest thereon.</p> <p>4. Instruction—in respect to the existence of an undisputed fact. In a case where there is no conflict in the testimony, and no room to doubt or hesitate as to a matter of fact in issue, an instruction ought not to assume that it is or may be doubtful. To call upon the jury to decide whether an undisputed fact is or is not proven, is to mislead them by inducing them to suppose that they may find the fact either way, where the evidence warrants but one conclusion.</p>