Foster v. Alex

Plaintiff bought oil leases from defendant and sued to rescind the sale, arguing that defendant had misrepresented facts about the oil wells and thus had violated section 12(G) of the Illinois Securities Act (Ill. Rev. Stat. 1985, ch. 12½, par. 137.12(G)), which makes the obtaining of money or property by means of any untrue statement of a material fact or any omission of a material fact unlawful. An Effing-ham County jury found for defendant. Plaintiff appealed.

Plaintiff claims that the circuit court erred in: (1) instructing the jury that plaintiff had the burden to prove that defendant…