Gibons v. Williams, Monicer & Co., 191 Ill. App. 594 (1915)

March 8, 1915 · Illinois Appellate Court · Gen. No. 20,541
191 Ill. App. 594

William C. Gibons, Defendant in Error, v. Williams, Monicer & Company, Plaintiff in Error.

Gen. No. 20,541.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John D. Thbnbahgh, Judge, presiding. Heard in this court at the October term, 1914.

Affirmed.

Opinion filed March 8, 1915.

Statement of the Case.

Action by William C. G-ibons against Williams, Monicer & Company, a corporation, on a verbal contract for services rendered in negotiating a real estate transaction.

Defendant, while admitting that the services were rendered, denied that it had agreed to pay the amount claimed by plaintiff.

*595Abstract of the Decision.

1. Brokers, § 92 * —when finding of jury as to amount due for services rendered not disturbed. Where in an action for services rendered in negotiating the sale of realty, the rendering of the services is not disputed, but only the amount agreed to be paid therefor, and there is evidence tending to corroborate plaintiff’s testinmny as to the amount, the verdict will not be disturbed.

2. Brokers, § 5*—when want of license not defense in action for services in negotiating real estate transaction. Where an action is brought on a promise to pay for services rendered for negotiating a real estate transaction, the fact that plaintiff is not a licensed broker is no defense.

3. Appeal and error, § 1034*—the Appellate Court will not take judicial notice of city ordinances.

To reverse a judgment on the verdict of the jury for two hundred and fifty dollars, defendant prosecutes this writ of error.

Harry B. Miller, for plaintiff in error.

William C. Gibons its, for defendant in error.

Mr. Justice McSurely

delivered the opinion of the court.