Frasure v. Zimmerly
Illinois Supreme Court
This was an action on the case, for the deceitful sale of a stable horse, commenced by the appellee against the appellant, and tried at the October term, I860, of the Edgar county Circuit Court, before Harlan, Judge, and a jury. The declaration contains two counts, and is in the ordinary form, charging, substantially, in each, that the plaintiff represented the horse’s eyes to be sound, when he knew them to be unsound. The defendant plead the general issue.
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This was an action on the case, for the deceitful sale of a stable horse, commenced by the appellee against the appellant, and tried at the October term, I860, of the Edgar county Circuit Court, before Harlan, Judge, and a jury. The declaration contains two counts, and is in the ordinary form, charging, substantially, in each, that the plaintiff represented the horse’s eyes to be sound, when he knew them to be unsound. The defendant plead the general issue. After swearing the jury, but before any further progress was made in the trial of the cause, defendant below submitted to the court a…
1Opinion of the CourtCaton, C. J.
It was too late, after the jury was impanneled, to move the court to require the plaintiff to give -security for costs. Nor do we find any error in the decisions of the court upon the admission of the evidence.
Although the testimony in some respects was contradictory, yet it warranted the jury in finding that the horse was diseased in his eyes at the time the defendant sold him to the plaintiff, which fact was then known to the defendant; that he assured the plaintiff that the horse’s eyes were sound, with the intent to deceive the plaintiff, who was thereby deceived, and induced to purchase…
2Cited by2 opinions
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