Suver v. O'Riley

Citations

• 80 Ill. 104

Syllabus

<p>1. Sade oe property or proceeds thereof—binding, although such property or its proceeds may not he in possession of seller. Where the owner of property puts it in the possession of another, for the purpose of having it sold, and then sells the proceeds of such sale to a third part)1-, he is bound to pay over such proceeds to the purchaser, and if he fails to do so, the purchaser can maintain an action therefor.</p> <p>2. In such case, the suit must be against the owner of the property, and not against the one in whose ¡hands it was placed for sale, and who may have in his hands the proceeds of the sale at the time of suit.</p> <p>3. Verdict—can not he impeached, for mistake on statement of juror. Where a jury have returned a verdict which is, by the court, put in form, and the jury then polled, and each of them assents to the verdict after it is so put in form, they can not be permitted to come in afterwards and say they were mistaken, and thus impeach their verdict.</p>