Jones v. John K. Wright & Co.

Citations

• 71 Ill. 61

Syllabus

<p>1. Compromise—mistake as to amount. Where a party, after a full and careful investigation of his affairs, makes out lists of his indebtedness, and proposes to pay a certain per cent thereof, which is accepted by his creditors, and payments are made accordingly, he can not recover back from one of his creditors a part of the sum so paid him, on the ground of an alleged mistake as to his liability.</p> <p>2. Sale—when conditional one becomes absolute. Where a person purchases goods, with an agreement that for all he uses or disposes of, he shall pay at ten per cent below the invoice price, and has the privilege of returning such as are not used or disposed of by him, if he refuses, on demand, to return the goods not used or sold, to the vendor, he will thereby make the sale absolute, and he will be liable for the same, according to the contract price.</p> <p>3. Demand—sufficiency. Where a party has the right to make goods purchased by him on conditions, his own, on giving notice or by refusing to deliver the same on demand, no formal demand by the vendor will be necessary'to make the goods the property of the purchaser on his refusal to re-deliver them. It will be sufficient, if the vendor says enough to satisfy the purchaser that he wants the same, and the latter refuses to give them up.</p>