Ladd v. Pigott

Citations

• 114 Ill. 647

Syllabus

<p>1. Fbaud and deceit—false representations in respect to lands remote from, place of making contract—how far a party may rely upon them. Where a party effects an exchange of real estate situate in another State, with, a person residing in this State, for property here, by means of false representations as to the quantity of his land, the location thereof, and the character of the improvements thereon, with a knowledge of the falsity of his representations, he will be liable to the injured party in an action on the case for fraud and deceit. Under circumstances like these, the person with whom the exchange is sought may rely upon the statements as being true, without being guilty of such negligence as to preclude a recovery by him for the fraud practiced on him. It might be different where the property is situated conveniently near, so as to permit an examination to be readily made.</p> <p>2. Amendments and jeofails—defeat in pleading cured after verdict. In an action for fraud and deceit in the exchange of land with the plaintiff for a leasehold interest in a building, and the goods therein, if the declaration fails to aver the assignment of the lease by-the plaintiff, which was sold with the stock of goods, it will be too late to object to this defect in the pleading after trial and judgment.</p> <p>3. Practice—time to object that evidence is not admissible under the pleadings. If a declaration contains no averment to authorize the admission of evidence to prove a particular fact, objection should be specifically made to the introduction of such evidence 'at the time it is offered, so that the objection may be obviated by an amendment of the declaration. If not so-made the objection will be deemed to have been waived.</p> <p>4. Same—directing a nonsuit. Where there is evidence tending to prove-the averments of the declaration put in issue, a motion for a nonsuit will be properly refused.</p> <p>5. Instructions—whether assuming facts. Where the propositions in an