Ryan v. Brant

Citations

• 42 Ill. 78

Syllabus

<p>1. Rescission of a contrató of a sale for fraud in the vendee—at what time the vendor must offer to place the vendee in statu quo. A vendor, on rescinding a contract of sale of goods on the ground of fraud in the vendee, must place the latter in statu quo, at the time the fraud was committed, or offer to do so. The rescission must be total, not partial; one portion of the contract cannot be affirmed and another portion repudiated.</p> <p>2. Whether a return or offer to return what may have been paid or delivered to the vendor on the contract, must be made before suit brought under the rescission, depends on circumstances, and on the nature of the property or thing to be returned. The great object in all such cases is to place a party in such a situation that he shall not be called upon by suit or otherwise, to discharge his obligations twice.</p> <p>3. Where a party purchased goods upon credit, by means of fraudulent representations, and gave therefor notes signed by himself and a third person, secured by a deed of trust given by the latter, the vendor, on electing to rescind the sale, instituted his action of trespass on the case against his vendee, and upon the trial produced the notes, deed of trust and release of the same, properly executed, made a tender of them and left them on the files of the court to be delivered to the defendant on receiving a verdict. This offer to place the vendee in statu quo was held to be in apt time, and sufficient in law.</p> <p>4. When a vendee obtains possession of goods by fraudulent means, and gives his own negotiable notes for the price, the vendor may maintain trover, without a demand, or a previous tender of the notes, provided they have not been negotiated and are produced at the trial to be surrendered to the defendant.</p> <p>5. Evidence—a pcvrty cannot make evidence for himself—of the right of either pm'ty to read depositions. As a general principle, a party cannot make evidence for himself, and be permitted to use it