Legal Opinion

McGuire v. Carlson

Appellate Court of Illinois

Decided December 12, 1895PublishedCited by 22 opinions

Assumpsit, for broker’s commissions. Appeal from the County Court of Cook County; the Hon. Orrin N. Carter, Judge, presiding.

1Opinion of the CourtJustice Waterman

The question here presented is, was the plaintiff the procuring cause of the sale ? Preliminary to this is, of course, was the plaintiff employed to make the sale ?

There is as to the matters that bear upon these questions no contradictory evidence.

The issue is thus made one of law.

A broker must first be employed; having been engaged, the utmost good faith must be exercised by him and his principal in their relations to each other.

That the plaintiff was engaged to make a sale of the premises for $6,000, is undisputed.

A sale was made by the principal for $5,600 to a person whose attention to…

2Cases cited3 opinions

  1. McArthur v. SlausonWisconsin Supreme Court · 1881
  2. Glenn v. DavidsonCourt of Appeals of Maryland · 1873
  3. Eggleston v. AustinSupreme Court of Kansas · 1882

3Cited by22 opinions

  1. Edwards v. PikeCourt of Appeals of Texas · 1908
  2. Van C. Argiris & Co. v. FMC Corp.Appellate Court of Illinois · 1986
  3. Modern Tackle Co. v. Bradley Industries, Inc.Appellate Court of Illinois · 1973
  4. Murray v. MillerSupreme Court of Arkansas · 1914
  5. Hutson v. StoneSupreme Court of South Carolina · 1922

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