University of Chicago v. Dater

Facts

In November 1928, Defendants George R. Dater and John R. Price entered into negotiations with Plaintiff, the University of Chicago (University) for a loan in the amount of $75,000.00. Dater and Price offered their Chicago property as collateral, and the University agreed to make the loan if it could be assured that title was good. Dater and his wife, Nellie, and Price and his wife, Clara executed a trust deed and promissory note at a bank in Michigan. The documents were mailed from Michigan to the University’s agent in Chicago. The trust deed was recorded, and it was found that there were some objections to delinquent taxes from 1927. In January 1929, after the tax objections were cleared in the title, the loan was made and the money was paid over by check. The check was cashed in Chicago. In 1929, John Price died, and Clara Price became the actual and record owner of at least one-half of the property.

In December 1933, foreclosure proceedings were commenced on the property and the property was purchased at chancery sale. The University filed suit in Michigan before the foreclosure suit was completed. The lower court found in favor of the University against George Dater in the amount of $15,536.32. Dater did not appeal. Judgment was also entered in favor of Clara Price, and the University appealed.