Hicks v. Stevens
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. This was a suit in chancery brought by Stevens, for the rescission of a contract of .purchase of a certain patent right, on the ground of false and fraudulent representations in respect thereto, made by Hicks, the vendor.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. This was a suit in chancery brought by Stevens, for the rescission of a contract of .purchase of a certain patent right, on the ground of false and fraudulent representations in respect thereto, made by Hicks, the vendor. In the trial court a decree was entered according to the prayer of the bill. That decree having been affirmed in the Appellate Court, Hicks sued out this writ of error.
1Opinion of the CourtJustice Shops
There is no dispute as to the making of the contract of sale in this case, or as to its terms, the principal controversy being whether Hicks, before the sale, made material representations as to the utility and value of the invention sold, which were relied on by Stevens, and which were false. The evidence satisfies us that prior to the consummation of the sale the parties had frequent interviews, in which Hicks represented to Stevens and Jones, that the “Hicks Tube-closer” was a new and valuable invention, and would save both steam and fuel; that it was a good and profitable thing to sell,…
2Cases cited13 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Allen v. HartIllinois Supreme Court · 1874
- Starkweather v. BenjaminMichigan Supreme Court · 1875
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3Cited by41 opinions
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- Cahill v. ApplegarthCourt of Appeals of Maryland · 1904
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