May v. Magee

Citations

• 66 Ill. 112

Syllabus

<p>1. Fraud in obtaining the execution of a contract—misrepresentation to agent. Where the plaintiffs, in making a settlement of differences with the defendant through the agent of the latter, who was unacquainted with the real facts, the defendant being absent from the State, misrepresented material facts, and claimed pay for services which had been paid them, and thereby induced the defendant’s agetit to execute an agreement that defendant should pay them money not due them: Held, that the fraud and misrepresentation of plaintiffs, whereby they induced the agent to make the contract, presented a good defense to an action on the same.</p> <p>2. Same—negligence on the part of the agent. In such a case, as the agent of the defendant did not have a knowledge of the facts, he was not guilty of negligence in relying upon the representations of the plaintiffs. He was not bound to wait and write to his principal, and await his reply, to ascertain whether the representations were true or not, but had a right to rely upon them as honestly and truthfully made.</p> <p>3. Pleading—plea of fraud in promring an obligation to pay money on settlement. Where the agreement sued on, and which was set out in hwc verba in the declaration, showed that the same was made to settle all matters in difference between the plaintiffs and defendant, growing out of their prior contract in respect to a farm of the defendant, and improvements made thereon, a plea by the defendant, showing that plaintiffs induced his agent to execute the agreement through fraud and misrepresentation of the facts, alleged that the parties settled their accounts with respect to the farm in the declaration mentioned, and allowed damages for the surrender of the possession: Held, that the plea was not defective in not showing what matters were in difference between the parties at the'time of the settlement.</p> <p>4. Plea—negativing amerment in-declaration. Where the plaintiffs sued upon an instrument for the payment o