Rupley v. Daggett

Citations

• 74 Ill. 351

Syllabus

<p>1. Sale — mistake as to the price. Where there is a mutual mistake in regard to the price of an article of property, there is no sale arid neither party is bound. There has been no meeting of the minds of the contracting parties, and hence there can be no sale.</p> <p>2. Thus, where the owner of a mare asked $165 for her, and the purchaser understood the price asked to be $65, and took her home with him and refused to pay more than the latter named sum, there being a clear misunderstanding between the parties, it was held, that there was no sale, and consequently no title passed.</p> <p>3. Instruction. It is not error to refuse an instruction stating a correct abstract principle of law, when there is no necessity for it under the facts of the case.</p>