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197 Ill. App. 338

Jones v. Parker

Appellate Court of Illinois

Decided January 3, 1916

Appellate Court of Illinois · decided 1916-01-03

<p>Abstract of the Decision.</p> <p>1. Fraud, § 19*—when representation of intention not fraud in law. The rule that a false representation as to a matter of intention not amounting to a matter of fact is not fraud in law, even though the transaction is influenced thereby, applies to the representation of an intention by a third party as well as to a representation of defendant’s intention.</p> <p>2. Fraud, § 5*—when knowledge of falsity of representation essential. In an action for deceit, the evidence must show that the representation alleged to be false was in fact false; if false, that it was known to be false by the person making it.</p> <p>3. Fraud, § 115*—when evidence insufficient to show actionable misrepresentation. In an action of deceit against the surviving partners of a firm, evidence examined and held insufficient to show actionable misrepresentation by the firm relied on by plaintiffs, which was the inducing cause of the loss sustained.</p>

Affirmed · Decided 1916-01-03

Mr. Justice Baker

¶1delivered the opinion of the court.

2. Fraud, § 5*—when knowledge of falsity of representation essential. In an action for deceit, the evidence must show that the representation alleged to be false was in fact false; if false, that it was known to be false by the person making it.3. Fraud, § 115*—when evidence insufficient to show actionable misrepresentation. In an action of deceit against the surviving partners of a firm, evidence examined and held insufficient to show actionable misrepresentation by the firm relied on by plaintiffs, which was the inducing cause of the loss sustained.
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