Hiner v. Richter

• Decision Date: 30 September 1869
• Citation: 1869 WL 5330,51 Ill. 299
• Parties: IRA HINERv.WILLIAM RICHTER.
• Court: Illinois Supreme Court

51 Ill. 299

1869 WL 5330 (Ill.)

IRA HINER

v.WILLIAM RICHTER.

Supreme Court of Illinois.

September Term, 1869.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Tazewell county; the Hon. CHARLES TURNER, Judge, presiding.

The facts in this case are sufficiently stated in the opinion of the court.

Mr. R. WILLIAMS and Mr. W. F. HENRY, for the appellant.

Messrs. COHRS & SALTONSTALL, for the appellee. Mr. JUSTICE LAWRENCE delivered the opinion of the Court:

This was an action upon the case, brought by Hiner, against Richter, for fraudulent representations made by the latter in regard to the number of acres contained in a piece of land sold by him to Hiner. The jury found for the defendant, and the plaintiff appealed from the judgment rendered on the verdict.

The first error assigned is, that the court erred in sustaining the demurrer to the second count of the declaration. The objection is taken to the count, that it sets forth several distinct grounds for claiming special damages, some of which, it is insisted, are not valid grounds. But admitting that the plaintiff would not be entitled to all the damages specially claimed, the count nevertheless sets forth a good ground of action, and any illegal claim of special damages is mere surplusage. The demurrer should have been overruled, and the question as to the measure of damages would come up on the trial. We will here say, however, that the loss of possible profits which might have been made on the deficient twenty acres, is too remote and uncertain to be made the ground of special damages. Green v. Williams, 45 Ill. 209. Instead of such damages, the plaintiff, if he recovers, will be entitled to interest on the purchase money paid on the deficient quantity, besides the purchase money itself.

The fifth instruction for the defendant probably misled the jury. Its substance was, that the plaintiff, in order to recover, must prove not only that the statements of the vendor, as to...