Frankenthal v. Camp

Illinois Supreme Court
Frankenthal v. Camp, 55 Ill. 169 (Ill. 1870)
Lawrence

Frankenthal v. Camp

Opinion of the Court

Mr. Chief Justice Lawrence

delivered the opinion of the Court:

The only reason' urged by counsel of appellants for reversing this judgment is that the action, as appears on the face of the declaration, should have been trespass, and not case. These two actions are sometimes concurrent remedies, and either might have been maintained in the present instance. As the goods were forcibly and wrongfully taken from plaintiff’s possession he might have brought trespass and have recovered their value. But having sold the goods and received a part of the purchase money, and the sale having been rescinded by the vendee because the seizure of the goods disabled the plaintiff from delivering, a consequential injury resulted to the plaintiff in the loss of his sale, for which an action on the case will lie. Judgment affirmed.

Judgment affirmed.

Reference

Full Case Name
Emanuel Frankenthal v. William F. Camp
Cited By
1 case
Status
Published
Syllabus
1. Action—whether trespass or an action on the case. Where the owner of goods has sold them and received a part of the purchase money, and the sale has been rescinded by the vendee by reason of the inability of the vendor to deliver the goods, such inability being occasioned by the forcible and wrongful seizure of the property by a third person, after the sale and while it was still in the possession of the vendor, it was held, a consequential injury resulted to the latter in the loss of his sale, for which he could maintain an action on the case against the wrong doer. 2. And as the goods were forcibly and wrongfully taken from the vend- or’s possession, he might have brought trespass and recovered their value.