Murray v. Carlin.

Citations

• 67 Ill. 286

Syllabus

<p>1. Settlement—opened for fraud. Although a settlement may he shown between the parties, yet, if it appears that one of the parties was overreached while in such a mental condition from the use of alcoholic spirits as made him an easy victim, the settlement will not be conclusive upon the party so overreached.</p> <p>2. Pleading and evidence—warranty and breach under general issue. Under the general issue, when sued- for the price of a horse sold, the defendant has, the right to prove a warranty of the soundness of the horse and a breach thereof and damages, and recoup the amount from the agreed price of the horse. ></p>