Sparling v. Marks

Citations

• 86 Ill. 125

Syllabus

<p>1. Warranty—by positive assertion of fact. Where a person selling a breastpin asserts positively that it is a diamond, without qualification or limitation, such assertion amounts to a warranty that it is a diamond, and if it proves not to be such the purchaser may, on discovering the fact, rescind the contract of purchase, within a reasonable time.</p> <p>2. Remedy—when party not allowed to question. Where the holder of a pledge for the payment of money to a third person requests the pledgor to bring replevin, to test the question of ownership and relieve him from liability, which is done, the defendant can not be allowed to raise the question for the first time in this court that this form of action does not lie.</p>