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Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 249

Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 249


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...The facts, in brief, are, that on the third day of December, I904, john P. Harding sold to Thomas A. Cantwell one-third of the capital stock of the Titze & Mullen Manufacturing Company, a manufacturing corporation, for $5000, and a few months after the purchase of said stock by Cantwell the corporation became a bankrupt, and this suit was brought by Cantwell against Harding to recover damages on the ground said sale had been brought about by the fraud of Harding practiced upon Cantwell. The suit was originally in assumpsit, but_the special counts were in tort for fraud and deceit, and the case was tried (as is conceded by both parties) for fraud and deceit. The evidence was conflicting. The court gave to the jury the following instruction: If the jury believe, from the evidence in this case, that the plaintiff has made out his case as laid in his declaration, or any count thereof, they must find for the plaintiff. The first special count averred the sale of the stock for $5000; that the defendant represented that the said corporation was doing a large business; that it was making a profit of $20,000 a year, and that if the plaintiff purchased said stock he could draw a salary of $1800 per year as one of the salaried officers of said corporation, and that said representations were false. It did not aver, however, that the defendant knew the said representations were false, --in other words, that count of the declaration failed to aver the element of scienter. There could be no recovery except for fraud and deceit, as the contract was executed and there was no effort to rescind the contract, (Siltz v. Springer, 236 Ill. 276, ) and if the plaintiff sought to recover in tort for fraud and deceit it was necessary to aver and...


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Product Details
  • ISBN-13: 9781234253295
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 232
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1234253291
  • Publisher Date: 16 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 422 gr


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Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 249
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