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160 Ill. App. 134

Nudelman v. Wildes

Appellate Court of Illinois

Decided March 21, 1911

Appellate Court of Illinois · decided 1911-03-21

<p>Brokers and factors—when real estate agent not entitled to commissions. If the owner provide that he shall receive a certain sum before the broker is entitled to any commissions, the broker must complete the sale and the owner must realize such specified sum before the broker can recover anything by way of commissions.</p>

Cited by 3 later decisions — most recently November 1951

3 state decisions

Relies on Burnett v. Potts

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1911-03-21

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Mr. Justice Baldwin

¶1delivered the opinion of the court.

¶2The written contract upon which the rights of the parties depend is clear and unambiguous. It is expressly provided that the defendants shall not pay any commissions to the plaintiff, and that the defendants are to receive $16,287.50 net before plaintiff is entitled to any compensation. The language being so clear, there is no room for construction. It is manifest that plaintiff’s compensation was to be such an amount as was realized from the property in excess of the $16,287.50, which should be actually paid to the defendants. Under the plaintiff’s contract he was compelled to complete a sale, including the payment of the purchase price, before his commissions became earned and payable. Burnett v. Potts, 236 Ill. 499.

¶3Under the facts in this case the court below could have reached no different conclusion, and the judgment is, therefore, affirmed.

¶4'Affirmed.

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