Dingman v. Boyle, 209 Ill. App. 311 (1918)

Jan. 28, 1918 · Illinois Appellate Court · Gen. No. 23,490

209 Ill. App. 311

George W. Dingman, Appellee, v. Lawrence P. Boyle, Appellant.

Gen. No. 23,490. (Not to be reported in full.)

Abstract of the Decision.

1. Brokers, § 88 ^* —when evidence shows insertion of provision for commission at date of contract. Evidence held to sustain the finding that a certain provision, inserted in the contract entered into by defendant for the sale and exchange of certain real estate, for the payment to plaintiff of a certain brokerage commission was inserted therein on the date of the execution of the contract, in an action to recover- the commission.

2. Brokers, § 4*—when person not having license may recover under special contract. Evidence held to sustain the finding that plaintiff was not engaged in the real estate brokerage business but to be entitled to receive compensation from defendant under a special contract, notwithstanding his failure to qualify as a licensed broker, In an action to recover a commission on the sale and exchange of certain real estate.

Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fey, Judge, presiding.

Heard in this court at the October term, 1917.

Affirmed.

Opinion filed January 28, 1918.

Statement of the Case.

Action by George W. Dingman, plaintiff, against Lawrence P. Boyle, defendant, to recover $1,500 for services rendered to defendant in connection with a proposed sale and exchange of certain real estate. From a judgment for plaintiff for $1,500, defendant appeals.

Lambert & Mayer, for appellant.

John M. Sweeney, for appellee.

* See Illinois Notes Digest, Yols. XI to XV, wtl Cumulative Quarterly, same topic and section number.

* See Illinois Notes Digest, Vola. XI tQ Xy, and Cumulative Quarterly# same topic and section number.

Mr. Justice Dever

delivered the opinion of the court.

3. Brokers, § 90 ^* —when evidence shows procurance of person willing to exchange property. Evidence held to sustain the finding that plaintiff, in an action to recover a commission on the sale and exchange of certain real estate, had procured a person ready, willing and able to exchange properties with defendant.

4. Brokers, § 90*—when shorn that plaintiff was ready to procure loan. . Evidence held to sustain the finding that plaintiff was ready, able and willing to procure a certain loan for defendant, required of plaintiff under a certain contract with defendant as precedent to plaintiff’s right to a commission, in an action to recover a commission on the sale and exchange of certain real estate.