Mitchell v. McDougall
Illinois Supreme Court
Appeal from the Circuit Court of McLean County; the Hon. Thomas T. Tiptoe, Judge, presiding. This was a bill in chancery, by Abner Mitchell and wife, to rescind a conveyance of real estate, in the city of Bloomington, made by them to defendant in exchange for certain lands and • town lots in the State of Missouri, which defendant conveyed to plaintiff’s wife, on the ground of misrepresentation and fraud.
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Appeal from the Circuit Court of McLean County; the Hon. Thomas T. Tiptoe, Judge, presiding. This was a bill in chancery, by Abner Mitchell and wife, to rescind a conveyance of real estate, in the city of Bloomington, made by them to defendant in exchange for certain lands and • town lots in the State of Missouri, which defendant conveyed to plaintiff’s wife, on the ground of misrepresentation and fraud. Pending the bill, the buildings on the Bloomington property were destroyed by fire, defendant having effected an insurance thereon for $3,000. This fact was shown by a supplemental bill…
1Opinion of the CourtJustice Breese
In Lockridge v. Foster, Adm’r, 4 Scam. 569, which was a bill in chancery praying, in the alternative, for the rescission of an executed contract for the sale of land, on the ground of fraudulent representations by the vendor, this court said, on the principles of equity and justice, a contract, to be obligatory, must be justly and fairly made. The contracting parties are bound to deal honestly, and act in good faith with each other. There should be a reciprocity of candor and fairness. Both should have equal knowledge concerning the subject-matter of the contract; especially ought all the…
2Cited by21 opinions
- Beach v. WiltonIllinois Supreme Court · 1910
- Merwin v. ArbuckleIllinois Supreme Court · 1876
- Tcherepnin v. FranzDistrict Court, N.D. Illinois · 1975
- White v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1974
- E/M Lubricants, Inc. v. Microfral, S. A. R. L.District Court, N.D. Illinois · 1981
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