Christy v. Cummins

U.S. Circuit Court for the District of Illinois

Christy v. Cummins

5 F. Cas. 662, 3 McLean 386

CourtU.S. Circuit Court for the District of Illinois

DecidedJune 15, 1844

StatusPublished

Cited by2 cases

This text of 5 F. Cas. 662 (Christy v. Cummins) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Christy v. Cummins, 5 F. Cas. 662, 3 McLean 386 (circtdil 1844).

Pincite

Opinion

OPINION OF THE COURT.

This is an action on a note. The defendant pleaded that the note was given for merchandise which was represented to be sound, but was unsound and damaged. To this plea the defendant demurred, on the ground that there was no offer to return the goods. A vendee of a chattel cannot rescind the sale without offering to return it, unless it is worthless to both parties. Perley v. Balch, 23 Pick. 2S3. To render a rescission of a contract valid, the rescinding party must place the other party in statu quo. Holbrook v. Burt, 22 Pick. 046; Conner v. Henderson. 15 Mass. 319. The plea avers, “that the goods were unsound and damaged, so as to be of no value to defendant.” But there is no averment that they are of no value. For the purposes of the defendants they may have been, to them, of no value; but it does not appear that, if returned to the plaintiffs, they would have been of no value to them. The demurrer to the plea is sustained.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT.

This is an action on a note. The defendant pleaded that the note was given for merchandise which was represented to be sound, but was unsound and damaged. To this plea the defendant demurred, on the ground that there was no offer to return the goods. A vendee of a chattel cannot rescind the sale without offering to return it, unless it is worthless to both parties. Perley v. Balch, 23 Pick. 2S3. To render a rescission of a contract valid, the rescinding party must place the other party in statu quo. Holbrook v. Burt, 22 Pick. 046; Conner v. Henderson. 15 Mass. 319. The plea avers, “that the goods were unsound and damaged, so as to be of no value to defendant.” But there is no averment that they are of no value. For the purposes of the defendants they may have been, to them, of no value; but it does not appear that, if returned to the plaintiffs, they would have been of no value to them. The demurrer to the plea is sustained.

Cite This Page — Counsel Stack

Bluebook (online)

5 F. Cas. 662, 3 McLean 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christy-v-cummins-circtdil-1844.

Opinion

Related

Cite This Page — Counsel Stack