Fagan v. Schultz

Citations

• 73 Ill. 529

Syllabus

<p>Chancery—rescission of contract. On a bill for the rescission of a contract and cancellation of a deed, made by a party who had but recently become of age, but after he had made a settlement Avith his guardian, it appeared that the consideration paid for the conveyance Avas §1000, and that the property was worth about $8000, but that the title of the grantor to a portion of it was doubtful. It also appeared, that the purchaser was a partner of the guardian of the party selling, but that the guardian had no interest in the purchase: Be Id, that the fact of the partnership of the guardian and the purchaser did not raise any presumption of fraud in the purchase, and that, in view of the possible litigation over the title, the inadequacy of price was such as to impeach the fairness of the transaction.</p>