Fairman v. Bavin
Illinois Supreme Court
This complainant alleges, that the defendant, being in her employment as confidential clerk, having the entire control and management of the internal affairs of her store, without her knowledge or consent, obtained a lease to himself of the premises in which the trade was carried on; refused to transfer the lease to her; excluded her from the premises; and by these means compelled her to a sale of the stock and fixtures to him, at a price wholly inadequate to the value of…
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This complainant alleges, that the defendant, being in her employment as confidential clerk, having the entire control and management of the internal affairs of her store, without her knowledge or consent, obtained a lease to himself of the premises in which the trade was carried on; refused to transfer the lease to her; excluded her from the premises; and by these means compelled her to a sale of the stock and fixtures to him, at a price wholly inadequate to the value of the business which she gave up to him; at the same time deluding her with the expectation that he would do what is right…
1Opinion of the CourtCaton, C. J.
While we are disposed to go to the extremest length to hold agents, or those occupying fiduciary capacities, to the strictest fairness and integrity towards their principals, and to prevent them from taking advantage of their position to benefit themselves at the expense or disadvantage of their principals; yet we find nothing in this case violative of this principle. The defendant was not employed in any way to procure or assist in procuring this lease, and seems carefully to have abstained from negotiating for it, till the plaintiff had finally refused to take it. As between her and the…
2Cited by4 opinions
- Davis v. HamlinIllinois Supreme Court · 1883
- Glasser v. Essaness Theatres Corp.Illinois Supreme Court · 1953
- Cahill v. MadisonAppellate Court of Illinois · 1901
- Tinkoff v. WylandAppellate Court of Illinois · 1933