Buchenau v. Horney
Illinois Supreme Court
This was an action of assumpsit brought by plaintiff in error, against defendant in error, at November term, 1849, La Salle Circuit Court, Spring, Judge of the Cook County Court, presiding. The case was submitted to a jury for trial, when a verdict was found for the defendant. A motion for a new trial was overruled. Bill of exceptions shows that on the trial, the plaintiff read the note declared on in evidence, and rested his cause.
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This was an action of assumpsit brought by plaintiff in error, against defendant in error, at November term, 1849, La Salle Circuit Court, Spring, Judge of the Cook County Court, presiding. The case was submitted to a jury for trial, when a verdict was found for the defendant. A motion for a new trial was overruled. Bill of exceptions shows that on the trial, the plaintiff read the note declared on in evidence, and rested his cause. The defendant called Edward Fanning, who testified that about the time of the date of the note, defendant and witness were in plaintiff’s bakery. Defendant asked,…
1Opinion of the CourtTreat, C. J.
A party cannot rescind a contract of sale, and at the same time retain the consideration he has received. He cannot affirm the contract as to part, and avoid the residue, but must rescind it in toto. He must put the other party in as good a condition as he was before the sale, by a return of the property purchased. There may be an exception where the subject matter of the sale is entirely worthless. But if it is of any benefit to the seller, the purchaser must restore it before he can put an end to the contract. In this case, the defendant rested his defence solely on the ground that there…
2Cited by22 opinions
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- Pearsoll v. ChapinSupreme Court of Pennsylvania · 1863
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