Wilson v. Hæker

Citations

• 85 Ill. 349

Syllabus

<p>1. Parol evidence—to show fraud in sale of land. Although a contract respecting the sale or exchange of lands may be evidenced in writing, in a suit to cancel the same for fraud, consisting of false representations made to induce the trade, the rule that parol evidence is inadmissible to contradict, vary or add to the writings made, does not apply.</p> <p>3. Rescission oe contract—;for false representations. Where parties agree, in writing, on an exchange of Illinois land for Texas lands, to exchange back and annul the contract if the representations made in regard to the lands are not true, a court of equity will decree a rescission if it appears that the party owning the Texas lands made representations as to the location, value, etc., material in their character as to such lands, which were not true, and this, as to subsequent purchasers, either having notice of the facts, or where the conveyances to them are colorable.</p> <p>8. Same—when party entitled to taxes and ineumbrance paid. Where, on an exchange of lands, one of the parties agreed to discharge a mortgage on</p> <p>the land he received, of $300, for certain personal property which he also received, which was not worth $300, and he also paid taxes on the land, it was held, that on decreeing a rescission for fraudulent representations on his part, the complainant should be required to pay him the amount of the taxes, and the $300, less the value of the personal property he had received, the agreement to pay the mortgage debt for the personal property being made in expectation that the exchange of lands should stand.</p> <p>4. Injunction—damages on dissolution. Where a grantor of land is enjoined from selling or incumbering the same, until an abstracted deed can be restored, and he flies a cross-bill to rescind the sale for fraud, in which he succeeds, and the injunction is dissolved on the hearing of the original and cross-bills, without any prior notice, and it appears he was put to no greater expense