Shipherd v. Underwood

Citations

• 55 Ill. 475

Syllabus

<p>1. Agent—whether he may he sued by a party who has paid him money for his principal, to recover the same hack. Whatever may be the true rule in regard to the liability of a known agent to an action by a person who has paid money to him on account of his principal, but which has not been paid over to the latter, to recover the same back, where there are no exceptionable circumstances connected with the transaction, yet, where the money was paid to the agent on the purchase of land, under circumstances showing a case mala fide,—as where it was the design of the vendor to put off upon the purchaser a very defective title as and for a good one, and the latter is entitled to a return of his money, he will not be remitted to his remedy against the principal, but may sue the agent for the recovery of the money back, although he knew at the time he paid the money to the agent that the latter was acting in that capacity.</p> <p>2. Evidence—presumption—whether an agent has paid money over to his principal. In an action against an agent by one who has paid money to him on account of his principal, it being shown the money was paid to the agent, it will not be presumed, in the absence of proof on that subject, that the agent has paid over the money to his principal.</p> <p>3. Presumption—as to the continuance of a given state of facts. Where the existence of a particular subject matter or relation has once been proved, its continuance is presumed till proof be given to the contrary, or till a different presumption be afforded by the very nature of the subject matter.</p> <p>4. Rescission of contracts—placing parties in statu quo. Where a party entered into a contract of purchase of a tract of land, and made a deposit of money with the vendor in respect thereto, the money to be refunded in case of a valid objection to the title, it is not essential to the right of the purchaser to rescind the contract and recover the money back, upon finding the title to be defective, that he