Dougherty v. Becklenberg, 205 Ill. App. 491 (1917)

May 9, 1917 · Illinois Appellate Court · Gen. No. 21,916
205 Ill. App. 491
J. F. Dougherty, Appellee, v. Frederick Becklenberg, Appellant

J. F. Dougherty, Appellee, v. Frederick Becklenberg, Appellant.

Gen. No. 21,916.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Joseph E. Ryan, Judge, presiding. Heard in the Branch Appellate Cdurt at the October term, 1915.

Affirmed.

Opinion filed May 9, 1917.

Certiorari denied by Supreme Court (making opinion final).

Statement of the Case.

Action by J. F. Dougherty, plaintiff, against Frederick Becklenberg, defendant, to recover a real estate commission. From a judgment for plaintiff for $3,125, defendant appeals.

Sonnenschein, Berkson & Fishell and Edward H. Morris, for appellant.

William McKinley, for appellee; A. A. McKinley and Luther F. Binkley, of counsel.

Mr. Justice Goodwin

delivered the opinion of the court.

*492Abstract of the Decision.

1. Brokers, § 88 * —what constitutes prima facie case in action for commissions. In an action to recover a commission on a certain real estate deal, where defendant agreed to pay plaintiff a certain commission upon consummation of the deal, a prima facie case held to be made out when plaintiff showed a contract for the sale of the land formally executed by the parties and accepted by the defendant, notwithstanding the defendant later refused to carry out the contract.

2. Corporations, § 431*—when word in signature is deseriptio persona. The word “treasurer” after the name of an officer of a corporation is deseriptio persona.

3. Corporations, § 430*—what is sufficient signature to agreement. The name of a certain company to a certain agreement, held to be sufficient if placed there by a person authorized to act for the company, even though the signature of the person acting as the company’s agent did not itself appear.