Legal Opinion

Watts v. Howard & Calkins

Appellate Court of Illinois

Decided January 11, 1894PublishedCited by 7 opinions

Memorandum.—Assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1893. Statement of the Case by the Court. In April, 1890, appellant being the owner of five houses in Chicago, placed them with appellees for sale: One house at $11,500, the others at $12,000 each. Appellees showed one house to a Hr. W. P. Johnson. Hr.

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Memorandum.—Assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1893. Statement of the Case by the Court. In April, 1890, appellant being the owner of five houses in Chicago, placed them with appellees for sale: One house at $11,500, the others at $12,000 each. Appellees showed one house to a Hr. W. P. Johnson. Hr. Johnson had some negotiations with appellees, and they wrote to appellant, asking if he would not modify the terms he had made, but nothing came of this attempt, and Hr. Johnson decided not to…

1Opinion of the CourtJustice Waterman

It clearly appears that the effort made by appellees to effect a sale of the property of appellant entirely failed. Appellees did call the attention of Mr. Johnson to the property, but he declined to purchase, and there is nothing tending to show that appellees had not ceased all effort to sell to him, long before his attention was again called to the property by reading an advertisement inserted by appellant.

It in no wise appears that appellant, in, after the lapse of some months, lowering his price and himself advertising his property, acted in any bad faith toward appellees, or sought…

2Cases cited5 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. McClave v. . PaineNew York Court of Appeals · 1872
  3. Armstrong v. WannSupreme Court of Minnesota · 1882
  4. Tombs v. AlexanderMassachusetts Supreme Judicial Court · 1869
  5. Carlson v. NathanAppellate Court of Illinois · 1891

3Cited by7 opinions

  1. Wheelan v. HuntSupreme Court of Oklahoma · 1913
  2. Mammen v. SnodgrassAppellate Court of Illinois · 1957
  3. Dorgeloh v. MarkSupreme Court of Minnesota · 1931
  4. Kellman v. Arthur Rubloff & Co.Appellate Court of Illinois · 1979
  5. Savage v. StewartAppellate Court of Illinois · 1922

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