Vallette v. Tedens

Citations

• 122 Ill. 607
• 14 N.E. 52

Syllabus

<p>1. Tbust—when a trust will arise—abuse of trust amd confidence by an agent. Where a confidential agent is employed to examine title to land, with a view of correcting defects therein, and to assist his employer in acquiring title to adjacent land, and, as such agent, is intrusted with his principal’s abstracts of title, and receives information to aid him in procuring the title, if he, while so acting, acquires the title in his own name, in violation of his duty, he will, in equity, be held to hold such title in trust for his principal.</p> <p>2. Persons engaged in the business of making abstracts of title, occupy t a relation of confidence toward those employing them, second, only, in the 1 sacredness of its nature, to that between an attorney and his client, and should be held to a strict responsibility in the exercise of the trust and confidence reposed in them. Any abuse of such trust and confidence should receive an emphatic rebuke.</p> <p>3. Statute op Fbauds—abuse of trust amd confidence by an agent. If an agent employed by another to look up the title to a tract of land, and purchase the same, conceals information acquired by him, and takes the title in his own name, denying his agency and employment, a court of equity will compel him to convey the land to his principal, although he may plead the Statute of Frauds in defence.</p>