Legal Opinion

Merryman v. David

Illinois Supreme Court

Decided April 15, 1863PublishedCited by 12 opinions

Appeal from the Circuit Court of Mercer county; the Hon. Chaeles B. LawbeNce, Judge, presiding. In July, 1856, TTri David, being desirous of purchasing lands in Mercer county, inquired of Merryinan about lands in his neighborhood.

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Appeal from the Circuit Court of Mercer county; the Hon. Chaeles B. LawbeNce, Judge, presiding. In July, 1856, TTri David, being desirous of purchasing lands in Mercer county, inquired of Merryinan about lands in his neighborhood. Merryman showed him a certain tract of land which was then owned by one Gregg, who resided in Ohio, Merryman representing to David either that he had purchased the land or was a kind of agent for the owner, and proposed to sell it to him at eight dollars per acre, amounting to $1,920. David thereupon contracted to purchase the land from Merryman at the price…

1Opinion of the CourtJustice WalKee

It appears from the evidence in this case, that appellant, previous to the sale of the lands to appellee, had been corresponding with Gregg for its purchase, and had the right to purchase on the terms proposed by Gregg, within a given time. But that time had expired, and there is no evidence that appellant had accepted the offer. It also appears, that he represented that he had purchased the land, or was acting as a kind of agent for the owner. He said to the sons of appellee, that he was getting the same price which he gave for the land. He fairly represented that the title was in Gregg, and…

2Cited by12 opinions

  1. Finnerty v. FritzSupreme Court of Colorado · 1879
  2. Tuck v. DowningIllinois Supreme Court · 1875
  3. Manders v. CraftColorado Court of Appeals · 1893
  4. Kerfoot v. HymanIllinois Supreme Court · 1869
  5. Collins v. McClurgColorado Court of Appeals · 1892

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