Chambers v. Farnham
Court of Appeals for the Seventh Circuit
In Error to the District Court of the Ünited States for the Eastern Division of the Northern District of Illinois. Action by Harry J. Farnham and Edward M. Willoughby, copart-ners, doing business as Farnham, Willoughby & Co., against Frank R. Chambers, Edward Trowbridge Hall, Patrick F. Griffin, and Frank S. Turnbull, surviving partners, doing business as Rogers, Peet & Co. There was a judgment for plaintiffs, and defendants bring error.
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In Error to the District Court of the Ünited States for the Eastern Division of the Northern District of Illinois. Action by Harry J. Farnham and Edward M. Willoughby, copart-ners, doing business as Farnham, Willoughby & Co., against Frank R. Chambers, Edward Trowbridge Hall, Patrick F. Griffin, and Frank S. Turnbull, surviving partners, doing business as Rogers, Peet & Co. There was a judgment for plaintiffs, and defendants bring error. Action for real estate broker’s commission. Verdict and judgment for plaintiffs. Plaintiffs in error, herein called “defendants,” entered into an agreement…
1Opinion of the CourtEvans, Circuit Judge
[1] (after stating the facts as above). Complaint is made because the court excluded the proffered proof showing that Thorpe was paid a commission for the sale of this property to Straus. This evidence was properly excluded. Subsequent payment by the defendants, to Thorpe, even though made in good faith, could not determine or prejudice the plaintiffs' right to a commission. Nor could the demand for the payment of a commission by Thorpe, after the sale was made, throw any light upon the issues presented by plaintiffs’ action.
[2,3] Complaint is made because the court excluded certain evidence…
2Cases cited10 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Whitcomb v. BaconMassachusetts Supreme Judicial Court · 1898
- McGuire v. CarlsonAppellate Court of Illinois · 1895
- Day v. PorterIllinois Supreme Court · 1896
- Dowling v. MorrillMassachusetts Supreme Judicial Court · 1896
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3Cited by2 opinions
- Mattox v. News Syndicate Co.Court of Appeals for the Second Circuit · 1949
- Mattox v. News Syndicate Co.Court of Appeals for the Second Circuit · 1949