People ex rel. Ellis v. Healy

Citations

• 128 Ill. 9
• 20 N.E. 692

Syllabus

<p>1. Ebatjd aud deceit—in the parchase of goods apon credit. The representation of a person that he wished to purchase goods on credit can not be said to be false, when he does, in fact, make such a purchase. The representation that he will pay the price at the termination of the credit is simply a promise to pay, and Ms subsequent inability to discharge Ms obligation does not render him liable to an action for fraud and deceit.</p> <p>2. Representations and promises of payment by a purchaser on credit, even if he at the time does not intend to pay, is but an unexecuted intention, which, of itself, does not constitute an actionable fraud. A promise.to perform an act, though accompanied with an intention not to perform, is not such a representation as can be made the ground of an action at law, as for fraud. The party should sue upon the promise.</p> <p>3. It is not enough, to maintain an action by the vendor of goods for fraud and deceit, that the purchaser knew himself at the time to be insolvent, and had no reasonable expectation of paying for the goods. It is, however, true, that the purchase of goods by one who at the time ' intends never to pay for the same, is such a fraud as will entitle the vendor to rescind the sale and reclaim the property, although there were no fraudulent representations or false pretenses.</p> <p>4. Pleading—of the declaration—in an action for fraud and deceit. In an action to recover for fraud and deceit, the plaintiff must allege the facts relied on as constituting the fraud, and when false representations are relied on, it is essential that they relate to some material existing fact or facts, and not to the future intention of the defendant. The ground of liability in such cases rests upon the affirmation of some existing fact, which the party making knows, or has good reason to know, to be false.</p> <p>5. In this case it was alleged in the declaration, that on, etc., the plaintiffs were possessed of certain goods, of the value of