Legal Opinion

Elder v. Sabin

Illinois Supreme Court

Decided September 15, 1872PublishedCited by 24 opinions

Appeal from the Court of Common Pleas of the city of Aurora; the Hon. Richard G. Montony, Judge, presiding. The material facts of the case are stated in the opinion. After the hearing of the cause the court below dissolved the temporary injunction granted. Upon suggestion of damages for attorney’s fees and expenses, the court assessed the damages at $200 attorney’s fees, and $36 expenses.

1Opinion of the CourtJustice Walker

This was a suit in equity, brought by appellants in the court of common pleas of the city of Aurora, against appellee, for the purpose "of rescinding the purchase of a house and lot in that city. It is alleged that Sabin, at the time of the sale, represented that there were in existence papers guaranteeing the right to use water from a well on an adjoining lot to that sold to appellants, and that he would get the papers and place them in the hands of appellants. And that he further represented the papers provided that whenever the owner of the lot sold to them should sink a well on the lot,…

2Cited by24 opinions

  1. Schien v. City of VirdenIllinois Supreme Court · 1955
  2. Lawrence v. TranerIllinois Supreme Court · 1891
  3. Gerard v. GateauAppellate Court of Illinois · 1884
  4. Leonard v. PearceAppellate Court of Illinois · 1933
  5. Liberty National Bank of Chicago v. NewberryAppellate Court of Illinois · 1955

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