Nichols v. Sargent

Citations

• 125 Ill. 309
• 17 N.E. 475

Syllabus

<p>1. Contracts—personal liability of guardian upon contracts relating to his ward’s estate. If a person makes a contract describing himself as guardian or trustee for another, and so signs the#same, he will be personally liable for the performance of the contract, in the absence of an express provision showing clearly that both parties agreed to act upon the responsibility of the fund in his hands, alone, or upon some other responsibility, or there appears some other circumstance clearly indicating another party who is bound by the contract, and upon whose credit, alone, it was made.</p> <p>2. So where a guardian, under the approval of the county court, leases his ward’s property, covenanting in the lease to purchase, at the expiration of the term, the improvements put upon the premises by the tenant, at the valuation of three persons, to be selected as provided in the lease, and the lease is signed by the guardian, as such, he will be personally liable to the tenant for a breach of the covenant.</p> <p>3. Guardian and ward—indemnity to guardian out of ward's estate. In such case, where the guardian discharges the debt of his ward he may have indemnity out of the estate of his ward, or if he has been discharged of his guardianship, he may have an action against his ward or his estate as for money paid for his use.</p> <p>4. Landlord and tenant—covenant of lessor to purchase improvements at appraised value. Where a guardian, under the approval of the probate- court, leases his ward’s property, covenanting in the lease to purchase the improvements put on the premises, at the end of the term, at the valuation of three appraisers to be selected by the parties, he will have no right to refuse to submit the valuation to appraisement unless the lessee shall consent that the award shall be subject to the approval of the probate court.</p>