Legal Opinion

Perin v. Parker

Appellate Court of Illinois

Decided October 22, 1885PublishedCited by 1 opinion

Error to the Circuit Court of Cook county; the Hon. Lorin C. Collins, Judge, presiding. This was a suit by Parker against Perm, to recover .for commissions earned and money paid by the former as commission merchant in the business of the latter, December 30,1882. Perm, who resided and did business in Cincinnati, Ohio, directed Parker, as commission merchant doing business on the Chicago Board ‘ of Trade, to sell for him 25,000 bushels of corn, to be delivered in January, and…

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Error to the Circuit Court of Cook county; the Hon. Lorin C. Collins, Judge, presiding. This was a suit by Parker against Perm, to recover .for commissions earned and money paid by the former as commission merchant in the business of the latter, December 30,1882. Perm, who resided and did business in Cincinnati, Ohio, directed Parker, as commission merchant doing business on the Chicago Board ‘ of Trade, to sell for him 25,000 bushels of corn, to be delivered in January, and a like amount to he delivered in May, then next. Parker on same day complied and sold on ’change 10,000 bushels at 19f…

1Opinion of the CourtMcAllister, J.

There was no evidence' as to any express contract between the parties respecting margins; and they had had similar transactions before without any being furnished by Perin or required by Parker. Neither was there any evidence of a custom or usage of trade or of any rules of the Chicago Board of Trade applicable to the case. It is therefore a case where the common law must be looked to for a guide. By its rules the broker or commission merchant would, in such, a case as this, be required as a condition precedent to the right of his own mere volition, to buy in the grain for account of his…

2Cases cited1 opinion

  1. Denton v. JacksonIllinois Supreme Court · 1883

3Cited by1 opinion

  1. Perin v. ParkerAppellate Court of Illinois · 1888

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