Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 37 (April Term, 1865)
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1S65.] Eames et al. v. Morgan et al. 270 Opinion of the Court. the written contract entered into between the parties, citing Dahek v. Stevens, 3 Barn. & Cres., 623. In conchision, they insisted the narr., and each connt of it was good; that it sufficiently appeared by it tliat they were induced to enter into the contract to deliver the wood by the fraud and deceit of the plaintiff in error; that the material inducement to making the contract was the representations of the plaintiff in error tha...t the title was perfect and no incumbrance on it; that the representation was fraudulent, by means whereof the defend- ants in error were damnified. Mr. Justice Breese delivered the opinion of the court: This is an action on the case for deceit on the part of plaintiffs in error, in selling a lot of land in Chicago, for a quantity of wood, they falsely representing the lot to be clear of incumbrance. A bond was executed by Eames, for the conveyance of the prop- erty, clear of incumbrance, on the delivery of the wood of the kind and quality, and at the place therein specified, Eames to retain possession of the lot until the wood should be delivered.
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