Legal Opinion

Foster v. Wynn

Appellate Court of Illinois

Decided February 13, 1894PublishedCited by 1 opinion

Memorandum.—Assumpsit for broker’s commissions. Appeal from the Circuit Court of Cook County; the Hon. Samuel P. McConnell, Judge, presiding. Heard in this court at the October term, 1893, and affirmed. Statement of the Case. In December, 1889, appellant asked appellee, a real estate broker, to sell for him a lot on Ashland boulevard, in the city of Chicago.

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Memorandum.—Assumpsit for broker’s commissions. Appeal from the Circuit Court of Cook County; the Hon. Samuel P. McConnell, Judge, presiding. Heard in this court at the October term, 1893, and affirmed. Statement of the Case. In December, 1889, appellant asked appellee, a real estate broker, to sell for him a lot on Ashland boulevard, in the city of Chicago. Appellee submitted the property to Henry W. Caldwell, who offered $225 a foot, and agreed to assume two boulevard assessments. Appellee then communicated the proposition to Foster, the appellant, who accepted it, whereupon a written…

1Opinion of the CourtJustice Wateeman

delivebed the opinion oe the Coubt.

This was an action by an agent to recover commissions on a sale of real estate.

Appellee being employed by appellant sold the latter’s property to one Caldwell. The contract was brought to, approved, and, it would seem, signed by him.

Caldwell afterward made objection to the title—objection said by appellant to have been frivolous. It is quite evident that Caldwell did wish to be released from his contract, and appellant, without consultation with appellee, released him. Caldwell was evidently able to perform his bargain, and, quite likely would have done so…

2Cases cited5 opinions

  1. Carter v. WebsterIllinois Supreme Court · 1875
  2. Gilchrist v. ClarkeTennessee Supreme Court · 1888
  3. Adams v. DeckerAppellate Court of Illinois · 1889
  4. McConaughy v. MahannahAppellate Court of Illinois · 1888
  5. Blankenship's Administrator v. RyersonSupreme Court of Alabama · 1874

3Cited by1 opinion

  1. Blunt v. KellyAppellate Court of Illinois · 1920

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