Warrick v. Smith

Citations

• 137 Ill. 504
• 27 N.E. 709

Syllabus

<p>1. Mistake—mutual when by agent of both parties — corrected in equity. Where the owner of land employs-a'real estate agent to sell! ;his land, and one seeking to purchase the same also employs the same, i agent to procure the deed and aid in the consummation of the sale, and ¡ the agent makes the sale, reserving the portion of the crops therein ¡ 'due as rent, but in drawing the deed omits to insert such reservation; by mistake, the mistake of the agent will be that of his principals, and,' hence mutual.</p> <p>2. Where the proof of a mutual mistake of the parties in a deed in. failing to insert a reservation therein is clear and satisfactory, a court, of equity will reform the deed so as to make it conform to the inten-. tion of the parties.</p> <p>3. Agent—for seller and buyer. It is improper for one employed as agent of one to sell land, to accept money from- another negotiating, for its purchase, while acting for the first. The same man can not act-as agent for both seller and buyer, as his duty to the one is inconsistent, with his duty to the other.</p>