Kerfoot v. Hyman
Illinois Supreme Court
Appeal from, the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was a suit in chancery, brought by Robert W. Hyman against Samuel H. Kerfoot, Samuel Gehr and John C. Rives, to rescind a sale of real estate and compel the payment of money which, it is alleged, Kerfoot received while acting as the agent of the complainant.
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Appeal from, the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was a suit in chancery, brought by Robert W. Hyman against Samuel H. Kerfoot, Samuel Gehr and John C. Rives, to rescind a sale of real estate and compel the payment of money which, it is alleged, Kerfoot received while acting as the agent of the complainant. The bill alleges that complainant, being the owner of certain tracts of land in the city of Chicago, employed Kerfoot, a real estate broker, to sell the same for the sum of $6500, and afterwards, on payment of the price agreed upon, less…
1Opinion of the CourtChief Justice Breese
The only question presented by this record is, as stated by appellants, in what capacity did Kerfoot act in the transaction ? Was he the agent of appellee, or was he a principal, acting for himself?
Both Hyman and Kerfoot testified in the cause, and they are in direct conflict, but Hyman is sustained by LeMoyne, a party wholly disinterested, who corroborates appellee in every essential particular.
Appellants admit this testimony makes out the case stated "in the bill, and as that is framed on the basis of an agency in Kerfoot, that ends the case. It is well settled, an agent employed to sell…
2Cases cited1 opinion
- Merryman v. DavidIllinois Supreme Court · 1863
3Cited by14 opinions
- Security State Bank of Pearsall v. BurtonCourt of Appeals of Texas · 1928
- Middlefork Cattle Co. v. ToddMontana Supreme Court · 1914
- Helberg v. NicholIllinois Supreme Court · 1894
- Kellogg v. KeelerAppellate Court of Illinois · 1888
- Harman v. MossSupreme Court of Virginia · 1915
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