McEwen v. Kerfoot
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was an action of assumpsit brought in the court below by Samuel H. Kerfoot, against John McEwen, to recover “for commissions on sale of land made by the said plaintiff for the said defendant, at the said defendant’s request.” A question is made whether a special plea, filed by the defendant, amounts only to the general issue, and the pleadings, in view of that question, are sufficiently set forth in the opinion of the court.
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Appeal from the Superior Court of Chicago. This was an action of assumpsit brought in the court below by Samuel H. Kerfoot, against John McEwen, to recover “for commissions on sale of land made by the said plaintiff for the said defendant, at the said defendant’s request.” A question is made whether a special plea, filed by the defendant, amounts only to the general issue, and the pleadings, in view of that question, are sufficiently set forth in the opinion of the court. The substance of that plea is, that the plaintiff, not being the agent of the defendant, or authorized so to do, sold…
1Opinion of the CourtJustice Lawrence
This was an action of assumpsit brought by Kerfoot for the purpose of recovering commissions alleged to be due to him for selling certain real estate in the city of Chicago, belonging to McEwen. The declaration contained only the common counts—the count for work and labor having this clause: “and in like sum for commissions on sale of land made by the said plaintiff for the said defendant, and at the said defendant’s request.” The defendant pleaded the general issue, and the following special plea:
“And for a further plea in this behalf, the said defendant says, actio non because he says that…
2Cited by12 opinions
- Philpot v. TaylorIllinois Supreme Court · 1874
- Marilyn I. Garris v. G. R. Schwartz and John S. Self, Partners, D/B/A Schwartz and SelfCourt of Appeals for the Seventh Circuit · 1977
- Ritter v. RitterAppellate Court of Illinois · 1940
- Ritter v. RitterAppellate Court of Illinois · 1942
- South Chicago City Ry. Co. v. WorkmanAppellate Court of Illinois · 1896
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