Slack v. Cooper
Appellate Court of Illinois
Foreclosure proceeding. Error to the Circuit Court of Cook County; the Hon. Edward O. Brown, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1904. Statement by the Court.
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Foreclosure proceeding. Error to the Circuit Court of Cook County; the Hon. Edward O. Brown, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1904. Statement by the Court. One of the defendants in error, the German Old People’s Home, obtained a- decree foreclosing a trust deed upon the premises therein described, and it was ordered that said premises be sold at public auction for cash to the highest and best bidder, the decree to be executed by appellee Cooper, master in chancery, and the master’s report of sale to be subject to confirmation by the court. At the time…
1Opinion of the CourtJustice Freeman
Plaintiff in error contends that the acceptance of his bid by the master made a binding contract enforcible both, against and in favor of the bidder.
It distinctly appears in this case that the master’s acceptance of the bid for $3,000 was under a misapprehension, he supposing that plaintiff in error represented the complainant and that no other bidders would attend the sale. He states that he felt he had through this misapprehension “Sold out the complainant to the satisfaction of the defendant.” It appears that at the subsequent sale made with full notice to plaintiff in error, the premises…
2Cases cited6 opinions
- Sage v. Central RailroadSupreme Court of the United States · 1879
- Miller v. McAlisterIllinois Supreme Court · 1902
- Quigley v. BreckenridgeIllinois Supreme Court · 1899
- Smith v. HuntoonIllinois Supreme Court · 1890
- Reinhardt v. SeamanIllinois Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Smietanka v. MyersAppellate Court of Illinois · 1941