Honeyman v. Jarvis

Citations

• 79 Ill. 318

Syllabus

<p>1. Consideration—settlement of doubtful claim is a good consideration for a promise. The compromise of a doubtful right, though it afterwards turns out the right is on the other side, w'hen there is neither actual nor constructive fraud, and the parties act in good faith, with full knowledge of the facts, is a sufficient consideration to support a promise.</p> <p>2. The real consideration which each party receives under a compromise being, not the sacrifice of the right, but the settlement of the dispute and the abandonment of the claim, it is no objection to the validity of the transaction, that the right was really in one of the parties only; and that the other had no right whatever. The fact that the one may have had no claim, is immaterial, if he was honestly mistaken in that regard.</p> <p>3. Under the laws of Indiana, a guardian was required to give an additional bond upon making application for leave to sell real estate, with condition for the faithful payment and accounting for all money arising from such sale, and no sale could be ordered until such boud was given. The court was authorized to empower the guardian to make the sale or to appoint a commissioner for that purpose. The securities upon the guardian’s bond given upon his appointment as guardian, were not liable for the proceeds of the sale of real estate. This being the law, a guardian petitioned the proper court for leave to sell real estate, and was, by the court, appointed a special commissioner to make sale, and ordered to file a bond, with his father as security, conditioned according to law. In pursuance of this order, the guardian and his father executed a bond conditioned for the faithful discharge of the duties of the trust of said guardian, as commissioner to sell, etc. The guardian, as commissioner, sold the land and reported the sale and the payment of the money to him, and at the same time made a settlement showing a large balance in his hands as guardian of his wards. This balance