Posvic v. Harford, 211 Ill. App. 273 (1918)

May 14, 1918 · Illinois Appellate Court · Gen. No. 23,513
211 Ill. App. 273
Irene M. Posvic, Defendant in Error, v. A. C. Harford et al. Herman Ronnau, Plaintiff in Error

Irene M. Posvic, Defendant in Error, v. A. C. Harford et al. Herman Ronnau, Plaintiff in Error.

Gen. No. 23,513.

(Not to Tbe reported in full.)

Abstract of the Decision.

1. Vendor and purchaser, § 352 * — when shown that agent had no authority to execute contract for joint owners. In an action against one of the joint owners of real estate for damages for breach of a contract to sell the real estate to plaintiff, evidence held sufficient to sustain the finding that defendant ordered his agent to make a contract in behalf of all the owners and without authority.

2. Pleading, § 258* — what amendments may he made before judgment. Under section 39 of the Practice Act (J. & A. jf 8576), amendments may he made before judgment by discontinuing as to any joint defendant and changing the form of action.

Error to the Municipal Court of Chicago; the Hon. Dennis W. Suixivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917. on remittitur; otherwise reversed and remanded.

Affirmed

Opinion filed May 14, 1918.

Statement of the Case.

Action by Irene M. Posvic, plaintiff, against A. C. Harford, Herman Eonnau and others, defendants, to recover damages for breach of a contract for the sale of real estate. Plaintiff dismissed as to all defendants except Herman Eonnau and judgment was rendered against said Eonnau for $800, from which he brings error.

Albert H. Fry, for plaintiff in error.

Otto F. Ring, for defendant in error.

Mr. Justice McDonald

delivered the opinion of the court.

*2743. Vendor and purchaser, § 340* — When joint owner is liable for failure to fulfil contract to sell.. One of the joint owners of real estate who undertakes without authority to contract on behalf of all the owners to sell the property is liable to the purchaser for damages sustained as the result of his inability to perform the contract.

4. Vendor and purchaser, § 343* — what is measure of damages for breach of contract to sell realty. The measure of damages for breach of a contract to sell real estate is the difference between the contract price and what the purchaser had contracted to sell the real estate for to another.