Hiner v. Richter

Citations

• 51 Ill. 299

Syllabus

<p>1. Pleading- at law—of tJie decla/ration—in an action for fraudulent representations in the sale of lands—where count contains loth valid and _ illegal claims for damages—the latter regarded as surplusage. In an action on the case, by H, against R, for fraudulent representations in regard to the number of acres contained in a piece of land sold by him to H, the declaration contained one count, which set forth several distinct claims for special damages, to which a demurrer was interposed, on the ground that some of tiie claims were invalid: Edd, that this objection was not good, inasmuch as the count set forth a valid ground of action. In such case, an illegal claim of special damages would he mere surplusage.</p> <p>2. Damages—probable profits—loss of—too remote to be made the ground, of special damages. And in such case, H would not be entitled to recover for the loss of possible profits which might have been made on the deficient twenty acres. Such damages are too remote and uncertain to be made the ground of special damages. Green v. Williams, 45 Ill. 209.</p> <p>3. Same—measure of—for deficient quantity. In such case, the plaintiff would only be entitled to recover, as damages, the amount of the purchase money paid on the deficient quantity, with interest on the same.</p> <p>4. ’Seaxto—false representations on the part of the vendor—what plaintiff must show to recover. In an action of this kind, to enable a plaintiff to recover, it is sufficient if he proves that the defendant knowingly made the false representations, and that relying upon such representations he purchased.</p> <p>5. Same—plaintiff not required to prove that he did not Tenow the statements to be false. In such case, the plaintiff is not required to prove that he did not know the statements of the vendor to be false. This would require him to prove a negative.</p> <p>6. Such proof must be made by the defendant, if he seeks to defeat a recovery upon the ground that the plaintiff knew the facts