McDowell v. Milroy

Citations

• 69 Ill. 498

Syllabus

<p>1. Recoupment—damages for breach of warranty in suit on note given for purchase money. In a suit upon a promissory note, given for the purchase money of land conveyed to the maker of the note, by warrant}' deed, containing a covenant against incumbrances, the defendant may recoup the sum actually paid by him, or his attorney for him, to discharge a prior mortgage on the land, but he can not recoup to the full face of the mortgage debt, when he has procured its assignment for a less sum.</p> <p>2. Attorney at law—when client may claim pwchasemade by his attorney. Where the relation of client and attorney actually exists, and the attorney, at the instance of his client, purchases a note, which is secured by mortgage on the land of the client, at a considerable discount, the latter will be entitled to the benefit of the purchase, although the attorney may have bought for himself.</p>