Coe v. Moon

• Decision Date: 28 October 1913
• Citation: 260 Ill. 76,102 N.E. 1074
• Parties: COE v. MOON.
• Court: Illinois Supreme Court

260 Ill. 76

102 N.E. 1074

COE

v.MOON.

Supreme Court of Illinois.

Oct. 28, 1913.

Appeal from Circuit Court, Woodford County; T. M. Harris, Judge.

Bill by Charles J. Coe against William A. Moon. Judgment for complainant, and defendant appeals. Affirmed in part, and reversed in part, with directions.Arthur H. Shay, of Streator, for appellant.

Lloyd Painter, of Streator, and Ed. E. Robeson, of Eureka, for appellee.

CARTER, J.

This was a bill filed in the circuit court of Woodford county to set aside a deed to a house and lot in Eureka, in said county, given by appellee, Charles J. Coe, while still a minor, to Edward Beutke, through whom appellant claims title to said premises. The case was referred to a master in chancery, who recommended that the deed be set aside and that appellee pay to appellant a certain amount for repairs, less certain rents appellant had received. The court overruled exceptions to the master's report and entered a decree in accordance there with. This appeal followed.

Appellee's twenty-first birthday was January 15, 1908. Shortly before that date he was living with his mother, a widow, on a farm in Livingston county, near Streator. His cousin, John Barickman, at that time a young man about 26 years of age, was in the real estate business at Streator. In the early part of January, 1908, Barickman was talking with appellee and his mother about disposing of the house and lot in Eureka, which then stood in the mother's name. It was considerably run down and in need of repairs. Barickman suggested that he could arrange a trade whereby Mrs. Coe could exchange her house and lot for a quarter section of land in Kearney county, Kan., owned by Beutke, and that the farm land could then be disposed of easier than the house and lot. In order to enable appellee to make the trade if the Kansas land proved satisfactory to him, Mrs. Coe conveyed the Eureka property to her son, appellee herein; the consideration specified being one dollar and love and affection. Beutke at the time was living in Oklahoma but had formerly lived in or near Streator and was known to both appellant and appellee. On the evening of January 7, 1908, Barickman and appellee boarded an Atchison, Topeka & Santa Fé train at Streator for Laken, the nearest railroad station to the land in question. On the same day William A. Moon conveyed the Kansas land to Beutke upon the request of Barickman without any money being paid in making the transfer; the deed being mailed to Beutke at his home in Blackwell, Okl. Appellee did not know until several months afterward that Moon had owned the Kansas land. On the train Barickman told Coe that he expected to receive a dispatch from Beutke at Kansas City saying whether or not he would make the trade. On their arrival in Kansas City Barickman received a telegram from Beutke saying that he would exchange the properties. Barickman then sugggested that instead of continuing their trip to see the land they go to Blackwell, Okl., and close the transaction, and Coe assented. On their arrival at Blackwell, January 9, 1908, Coe gave Beutke a warranty deed for the Eureka property and received a deed from Beutke for the quarter section of land in Kansas; it being understood by Coe that it was an even trade. While they were talking about the trade, or on the way to Oklahoma, Barickman told Coe that he expected to receive $200 as his commission if the deal went through and that he would give Coe half. He gave him $50 in cash at Blackwell and on their return to Streator gave him the other $50 by a draft on a Streator bank, which Coe cashed on January 14, 1908.

Appellant is a business man at Streator, owning several farms in that vicinity and having an interest in one or two small banks. Barickman had worked for him on several occasions in buying cattle and transacting other business. A short time after Barickman and Coe returned to Streator, Coe, through Barickman, bought some cattle from Moon, the price being $458, and he paid Moon, by check, $58, asking him if that was right, and Moon said it was. Appellee testified that he understood that Moon owed Barickman $400, and that he (appellee) was to pay Barickman the balance of $400, which he did later. Barickman told Moon that he had agreed to give Coe this $400 as ‘boot money’ in the trade of the Eureka property for the Kansas farm land. Moon consented to this and therefore told Coe that the check for $58 was all right. Coe, Moon, and Barickman all testified substantially alike on this question, and there is no proof in the record that either Moon or Coe knew of Barickman's deceit concerning the transaction. Moon knew, shortly after Barickman returned from Oklahoma, that the trade had been made with Coe through Beutke but testified he supposed, until several months later, that the house and lot in Eureka were deeded to Barickman and not to Beutke. Barickman had the property deeded to Beutke, it seems, because he (Barickman) had some trouble with his wife and did not want her to claim a dower interest in the Eureka property. Several months after the trade was made, Barickman had Beutke deed the Eureka property to Moon to secure Moon for the $800 he was to receive for the Kansas farm and for the $400 that Moon supposed he was allowing Coe as ‘boot money’ on the trade. During this time Barickman had already received $100 or more in cash from Moon to repay a loan that he had made of Beutke while in Blackwell. This $100 was also supposed to be paid by the transfer of the Eureka property to Moon. While the property stood in Beutke's name, Barickman apparently controlled it, collected the rent, and had from $700 to $800 worth of repairs made on the property. After it was deeded to Moon the latter found that these repairs had not been paid for and paid them himself. After the repairs were made, the house was rented for $15 a month. Barickman collected the rent for about a year and thereafter it seems appellant collected the rent.

Appellee testified that Barickman stated to him, prior to the trade for the Kansas land, that it was only six or eight miles from Garden City, and that wheat, sugar beets, and oats could be raised on it; that the grass was good for granzing; and that the land was worth from $4,000 to $5,000. In August, 1908, several months after the transaction, appellee visited the land and found that it was 50 miles from Garden City and about 25 miles from the nearest railroad station; that no crops had ever been grown on or around it, except an acre or two of poor corn on an adjoining farm; and that the quarter section was worth from $500 to $800. He never took possession of the land nor paid any taxes on it. Before the suit he executed a deed to the land and offered to reconvey it to Beutke on receipt of a deed for the Eureka property. Prior to the time the bill was filed in this case, in November, 1908, Beutke, unknown to appellee, conveyed the Eureka property to Moon. Later a supplemental bill was filed making Moon and his wife defendants. Barickman testified that he did not tell appellee that the land was within six or eight miles of Garden City. He stated, however, in his testimony that he had...