#### Jakub Zamulewicz, Defendant in Error, v. Boleslaw Jasudes, Plaintiff in Error.

Gen. No. 23,957.

(Not to be reported in full.)

Abstract of the Decision.

Vendor and purchaser, § 54 * — when fraud by vendor in procuring signature of plaintiff to contract is shown. In an action to recover damages for fraudulently procuring plaintiff’s signature to a contract for the purchase of land by falsely representing that the contract, which plaintiff was unable to read, contained a provision that plaintiff would obtain clear title free from taxes or assessments upon the payment of a certain sum, evidence held to sustain a judgment for the plaintiff.

Error to the Municipal Court of Chicago; the Hon. Sheridan E. Ery, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918.

Affirmed.

Opinion filed June 14, 1918.

Statement of the Case.

Action by Jakub Zamulewicz, plaintiff, against Bole-slaw Jasudes, defendant, to recover damages for fraudulently procuring plaintiff’s signature to a contract for the purchase of land. The contract was in English and plaintiff, a Lithuanian, could neither read nor write English. He claimed that defendant in translating it represented that it contained provisions which it did not in fact contain. From a judgment for plaintiff, defendant brings error.

Wolon & Brenza, for plaintiff in error; Joseph C. Wolon and Thomas W. Reilly, of counsel.

Harry C. Leemon, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mb. Presiding Justice Barnes

delivered the opinion of the court.