Ruff v. Jarrett

Citations

• 94 Ill. 475

Syllabus

<p>1. Parol evidence—of warranty, when a bill of sale is given. Where a bill of sale of a lot of ice does not show to whom the sale was made, the quantity sold, nor the price per ton, but simply that the ice was sold by the vendor, describing its location and stating that it was to be removed between the date of the instrument and the first of April following, it will not constitute a contract between the parties without the aid of extrinsic evidence, and parol evidence is admissible to show that the sale was made with a warranty, on a plea of failure of consideration to an action on the note given for the price.</p> <p>2. Same—to show failure of consideration. In a suit upon a promissory note given for the price of personal property purchased, parol evidence of a warranty of the property and a breach of the warranty is admissible, and this has never been held to vary, contradict or change the terms of the note, which is but a part of the agreement.</p> <p>3. Fraudulent warranty—statement of fact that vendor ought to have known to be false. If the vendor of a lot of ice makes a positive assertion to the purchaser that he had measured the ice and there was a specified quantity, and the statement was untrue, the vendor must have known its falsity, or at least was bound to know, and if the purchaser relied upon the truth of the assertion when it was untrue, and purchased in consequence thereof and suffers damages thereby, he will be entitled to recover damages of the vendor either in a suit against the vendor, or in a suit by the vendor to recover the purchase money.</p> <p>4. A warranty may be false, and not only false but known to be so by the vendor, and when thus made, it is denominated a fraudulent warranty, and in such a case it is error to so instruct the jury as to make the whole case turn upon the question of fraud, excluding all consideration of a warranty.</p> <p>5. Fraud—how far purchaser must rely on fraudulent statements. In an action upon a note given fo