Morey v. Pierce
Appellate Court of Illinois
Appeal from tlie Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. „ The appellee, Pierce, brought this suit against appellants, Morey & Snow, for alleged fraudulent misrepresentations as to the sanitary condition of house No. 474 Randolph street, Chicago, by means of which she was induced to sign and seal a lease for said house as lessee, May 19, 1882, tor one year from that date, at the yearly rent of $684 to be paid in installments as follows: $60…
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Appeal from tlie Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. „ The appellee, Pierce, brought this suit against appellants, Morey & Snow, for alleged fraudulent misrepresentations as to the sanitary condition of house No. 474 Randolph street, Chicago, by means of which she was induced to sign and seal a lease for said house as lessee, May 19, 1882, tor one year from that date, at the yearly rent of $684 to be paid in installments as follows: $60 at the execution of the lease for one month’s rent in advance to June 19, 1882, on this latter day $24 for rent to July…
1Opinion of the CourtMcAllister, P. J.
The direction by the court to the jury, that the covenants in the lease given in evidence were not binding on the plaintiff, if the jury should believe from the evidence that the plaintiff was induced to sign said lease by the fraud and misrepresentations of the defendants, as charged in the declaration, was equivalent to telling the jury that such lease was void as to her, if she were so induced to sign it, irrespective of subsequent circumstances. We think the instruction was wrong and misleading.
The fraud set out in the declaration did not amount to fraud in the execution of the…
2Cases cited3 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Whitney v. AllaireNew York Supreme Court · 1847
- Hall v. FullertonIllinois Supreme Court · 1873
3Cited by6 opinions
- O'Neil v. DavidsonSupreme Court of Minnesota · 1920
- Sutter v. RoseIllinois Supreme Court · 1897
- Donian v. FoxAppellate Court of Illinois · 1912
- Wood v. CallandAppellate Court of Illinois · 1899
- Sutter v. RoseAppellate Court of Illinois · 1896
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