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29 Ill. 75

Fairman v. Bavin

Illinois Supreme Court

Decided April 15, 1862

Illinois Supreme Court · decided 1862-04-15

This complainant alleges, that the defendant, being in her employment as confidential clerk, having the entire control and management of the internal affairs of her store, without her knowledge or consent, obtained a lease to himself of the premises in which the trade was carried on; refused to transfer the lease to her; excluded her from the premises; and by these means compelled her to a sale of the stock and fixtures to him, at a price wholly inadequate to the value of…

Good law ✅— No negative treatment on recordhow we know

Decided 1862-04-15

How this case has been cited

Cited by 4 later decisions — most recently January 1953

4 state decisions

101862187018801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Caton, C. J.

¶1While we are disposed to go to the extremest length to hold agents, or those occupying fiduciary capacities, to the strictest fairness and integrity towards their principals, and to prevent them from taking advantage of their position to benefit themselves at the expense or disadvantage of their principals; yet we find nothing in this case violative of this principle. The defendant was not employed in any way to procure or assist in procuring this lease, and seems carefully to have abstained from negotiating for it, till the plaintiff had finally refused to take it. As between her and the landlord, the negotiation was ended, and neither the landlord nor the defendant had any reason to suppose that she still desired to procure these premises: The defendant had every reason to suppose she contemplated procuring another place for the conduct of her business.

¶2Again, if she had any claim on the defendant for this transaction, that was fairly and fully settled and paid for, according to the mutual agreement of the parties, fairly made when the parties stood on equal terms.

¶3The decree is affirmed. Decree affirmed.

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