Lake v. Campbell
Illinois Supreme Court
This was a declaration in ejectment, filed by the defendant in error against the plaintiff in error, on the 14tli day of October, A. D. 1856, in the circuit court of DeWitt county, to recover possession of lot number 10 in block number 50, in the town of Mount Pleasant, in said county and state, and setting forth that the plaintiff claims said premises for a term of four years, from and after the 1st day of July, A. D. 1856. On the same day, viz., the 14th October, 1856, the…
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This was a declaration in ejectment, filed by the defendant in error against the plaintiff in error, on the 14tli day of October, A. D. 1856, in the circuit court of DeWitt county, to recover possession of lot number 10 in block number 50, in the town of Mount Pleasant, in said county and state, and setting forth that the plaintiff claims said premises for a term of four years, from and after the 1st day of July, A. D. 1856. On the same day, viz., the 14th October, 1856, the defendant filed his plea of “not guilty” thereto. And thereafter, on the said 14th October, 1856, issue being joined by…
1Opinion of the CourtScates, C. J.
Will an agency, by parol, authorize the agent to execute a written lease without seal, for four years, in the name of, and for his principal; and is such a lease good under the statutes of frauds and perjuries, and conveyances of this state? are the questions presented in this record. We solve both questions affirmatively.
Fwsi. Sales at auction are within the statute of frauds, and the auctioneer is the agent of both parties, in malting and signing a memorandum in writing. Burke v. Haley's admrs., 2 Gil. R. 614; Doty v. Wilder, 15 Ill. R. 407. Parol authority to the auctioneer is sufficient…
2Cases cited1 opinion
- Upon the Petition of GayMassachusetts Supreme Judicial Court · 1809
3Cited by7 opinions
- Franknel v. Allied Mills, Inc.Illinois Supreme Court · 1938
- Loach v. FarnumIllinois Supreme Court · 1878
- McIntosh v. HodgesMichigan Supreme Court · 1896
- Borggard v. GaleAppellate Court of Illinois · 1903
- Smith v. MitchellAppellate Court of Illinois · 1912
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