Varnell v. McGinnis

Citations

• 72 Ill. 445

Syllabus

<p>Debtor and creditor—whether the relation exists. A brother of the owner of property sold it to a third party without authority so to do, and the owner reclaimed the property and then sold it to the same purchaser, treating the amount paid to his brother on the first purchase as so much paid to himself on the sale made by him. On a suit brought by the purchaser against the first seller, to recover the purchase money paid to him, it was held, that the defendant was not debtor to the plaintiff in that amount, nor did he hold money belonging to the plaintiff.</p>