Smart & Golee, Inc. v. Delany

Defendants appeal from a judgment for $3,150, being the amount of the commission claimed by plaintiff for the sale of the defendants’ home in Evanston, Illinois. Plaintiff acted throughout by its president Orville Daily and an employee, James Kreiser. The amended complaint, upon which relief was granted, is based on the theory of an implied agency growing out of dealings between the parties which allegedly resulted in the sale. Defendants contend that no contract with Smart & Golee can be implied because that firm’s only connection with the property was as a subagent of Quinlan & Tyson…