Kimball v. Custer

Citations

• 73 Ill. 389

Syllabus

<p>1. Trespass—gaining admission into house by fraud. Where, by a preconcerted plan, one of several persons gains admission into a dwelling house in a peaceable manner, by fraud and falsehood and for a secret purpose unlawful in itself, and then unbolts the door and opens the same to admit his co-defendants, contrary to the will and command of the occupant’s wife, he and those who thus obtain an entrance into the house all become trespassers.</p> <p>2. Courts can not sanction an act accomplished by fraudulent means, and an act that may be lawful in itself can not be done by fraudulent or unlawful means.</p> <p>3. Licekse—w?ien revocable. A written license, like an unexecuted parol license, is revocable at the will of the party giving it.</p> <p>4. Contract—must be construed by itself alone. Where parties reduce their contract to writing, they must be governed by its provisions, and their intention must be gathered from the terms of the contract.</p>