Ellison v. Kerr
Illinois Supreme Court
Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. In July, 1873, John A. Ellison, of the firm of Ellison & Foster, as auctioneers, sold a lot to Samuel Kerr for the sum of $550, of which sum $50 was paid in cash to the auctioneer acting, to secure the good faith of the bid.
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Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. In July, 1873, John A. Ellison, of the firm of Ellison & Foster, as auctioneers, sold a lot to Samuel Kerr for the sum of $550, of which sum $50 was paid in cash to the auctioneer acting, to secure the good faith of the bid. It was published by the auctioneer the title to the property was good,' and that Picket, the owner, then present, would furnish an abstract showing a perfect title, and on compliance with the terms of the sale he would make the purchaser a warranty deed. The purchaser himself…
1Opinion of the CourtJustice Scott
There being no controversy as to the facts of this case, but one question can arise, viz., whether, after the elapse of so great a period, defendant’s firm is liable to refund the sum of money deposited with them, the owner of the lot sold having failed to furnish an abstract of title so the sale could be completed.
The general doctrine on this subject seems to be that, where real estate is sold at auction, until the sale is completed the auctioneer is regarded as a stake-holder of the deposit, where any is required to be made, and should not pay it to either party without the consent of the…
2Cited by3 opinions
- Rosin v. First Bank of Oak ParkAppellate Court of Illinois · 1984
- Merritt v. ArcherAppellate Division of the Supreme Court of the State of New York · 1914
- Noble v. ClarkeCourt of Appeals of Kentucky (pre-1976) · 1926