Wyman v. Snyder

Citations

• 112 Ill. 99
• 1 N.E. 469

Syllabus

<p>1. Contract—whether amounting to an equitable assignment, or merely creating the relation of debtor and creditor. An agent appointed by the owner to sell coal lands upon commission, employed another to aid him in effecting a sale, promising to give the latter, as was claimed, one-half of his commissions in case of a sale at a given price, which sale was effected through the latter, and after the death of the former the latter presented a claim against his estate for one-half of the commissions received. It was held, on a review of the evidence, there was no equitable assignment of half of the claim for commissions, but that the relation between the two was merely that of creditor and debtor.</p> <p>2. Evidence—as to whether a transaction amounted to am, equitable assignment. The burden of proof is upon a party who claims an equitable assignment of one-half of a demand, to show that fact by satisfactory evidence; and this is not shown by proof of casual admissions or statements of the party holding the demand, varying in form of expression and in substance, especially when rebutted by the conduct and acts of the party claiming the assignment.</p>