Kohl v. Lindley

Citations

• 39 Ill. 195

Syllabus

<p>1. Delivery—as between the parties, not essential to a sale. As a general principle, there must be a delivery of the article to complete the sale, but between the parties it is not indispensable. Even where the property is not cumbrous and may easily he delivered, actual delivery is not necessary to vest the title in the purchaser. •</p> <p>2. Delivery—of bulky article—tohal constitutes. Where L. purchased four ricks of hay at a stipulated price per ton, the same to he haled and weighed by him, and he actually haled seven hales therefrom and took it into his possession, offering to pay for it but refusing to hale more, alleging that it was unsound and unfit to be haled, there was all the delivery of which the article was susceptible.</p> <p>8. Fraud which vitiates a sale — a concealment of facts asked for. To make the mere suppression of a fact, such a fraud as avoids the contract, there must he something more than a failure to communicate facts within the knowledge of the vendor—there must he a concealment, as by withholding information when asked tor, or by using some device to mislead, thus involving act and intention.</p> <p>4. And the distinction in such cases seems to he that the seller may let the buyer cheat himself ad libitum, hut must not actively assist him in cheating himself. So, in a sale of hay where the seller was silent, and used no artifice to induce the purchaser to buy, and the hay was then in ricks, and proper diligence would have enabled him to detect its unsound condition, the sale' Was not fraudulent.</p> <p>5. Implied warranty—in case of fraud. While it was formerly the doctrine that there was an implied warranty that the article sold was what it appeared to be, and that “ a sound price warranted a sound commodity,” the rule now is-that the vendor is not responsible for any defects unless he is guilty of a fraud.</p> <p>6. Exceptions to this rule. Like all general rules this has its exceptions; as in case of sale by sample where the law i