Jacobs v. Dearborn Holding Co.

This is an appeal from a decree dismissing plaintiff’s bill to rescind a land contract and have return of all moneys paid thereon.

Proofs were taken by a circuit court commissioner, under reference, and reported by him, together with an opinion that plaintiff was entitled to the relief prayed for. Exceptions were filed to the report and, upon hearing, the court rejected the findings of the commissioner, made independent findings from the evidence and dismissed the bill. Plaintiff, upon appeal, contends for adoption of the opinion of the commissioner.

The circuit judge was not bound to follow…