Mears v. Stone
Appellate Court of Illinois
' Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Nathan Mears, appellant, being the owner of valuáble dock property in Chicago, went to appellees, who were real estate agents, and authorized them to sell it for $150,000, agreeing to pay them two and one-half per cent commission for making a sale for that sum. Appellees saw Mr. Peabody,- and obtained from him an offer of $125,'000; this Mr. Mears refused.
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' Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Nathan Mears, appellant, being the owner of valuáble dock property in Chicago, went to appellees, who were real estate agents, and authorized them to sell it for $150,000, agreeing to pay them two and one-half per cent commission for making a sale for that sum. Appellees saw Mr. Peabody,- and obtained from him an offer of $125,'000; this Mr. Mears refused. Mr. Bellows, one of the plaintiffs in the suit, testified that Mr. Peabody asked Mr. Mears if he would take $135,000; this Mr. Mears denies. The…
1Opinion of the CourtWaterman, P. J.
Appellant having placed his property in the hands of appellees to sell at a fixed price, and for an agreed commission, he and appellees were bound to exercise the utmost good faith toward each other. Appellees were employed to sell at the price of $150,000; they were not engaged to sell for $135,000, and if any efforts were by them made to find a purchaser at the last named price, they can hardly be considered as work done in pursuance of the authority given to them.
They did not and do not claim to have .found a purchaser at $150,000, and no sale was made for that sum. The position of…
2Cases cited6 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Kerfoot v. SteeleIllinois Supreme Court · 1885
- Lipe v. LudewickAppellate Court of Illinois · 1884
- Sievers v. GriffinAppellate Court of Illinois · 1883
- Chandler v. SuttonNew York Court of Common Pleas · 1874
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