Plummer v. Rigdon

Citations

• 78 Ill. 222

Syllabus

<p>1. Verdict. This court will not interfere with the verdict of a jury when the evidence is conflicting, even though it seems to preponderate against the verdict, unless it is apparent the jury have been actuated by passion or prejudice, and rendered a verdict manifestly wrong.</p> <p>2. Measure oe damages —for failure to convey land. In an action by a purchaser of land to recover damages for a failure to convey, the value of the land at the time the conveyance is to be made, is the true measure of damages.</p> <p>3. Same—on an agreement to exchange lands. So in case of an agreement to exchange lands, and one of the parties knew at the time that he had no title to the land which he agreed to convey, in an action against him by the other party to recover damages for a failure to convey, the extent of the recovery should be measured by the value of the land to be convejred to the plaintiif, and for the reason that the defendant sold land which, at the time he made the contract, he knew he did not own.</p> <p>4. Instruction—must be based on evidence. It is not error to refuse an instruction when there is no evidence in the case upon which it can be predicated.</p> <p>5. Contract—can not be rescinded for misstatement. A mere misstatement by the vendor of property, as to its cost or value, in the absence of any fiduciary relation between the parties, will not authorize a rescission of the contract.</p>