Husak v. Maywald

Decided March 26, 1914

Appellate Court of Illinois · decided 1914-03-26

Abstract of the Decision. 1. Brokers, § 36*—when broker not entitled to compensation until deal consummated. Where under the contract with a broker the latter’s compensation is expressly made dependent upon the actual consummation of a trade, the fulfillment of the condition is a prerequisite to his right to recover compensation. 2. Abstbacts of title, § 3*—when abstract insufficient without certificate from abstract company. Where under a contract for the exchange of land one of the vendors was to furnish a “proper” abstract within a certain time, and the abstract furnished was rejected because showing title in a person other than the vendor, and on being returned contained an inserted page showing a conveyance by the record owner to a person bearing a name similar to vendor’s, there being no certificate from the abstract company furnishing the abstract showing by whom such page had been inserted, such an abstract is not a “proper” abstract within the contract.

Cited by 1 later decisions — most recently June 1954

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-03-26

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Mr. Justice Gridley

¶1delivered the opinion of the court.

2. Abstbacts of title, § 3*—when abstract insufficient without certificate from abstract company. Where under a contract for the exchange of land one of the vendors was to furnish a “proper” abstract within a certain time, and the abstract furnished was rejected because showing title in a person other than the vendor, and on being returned contained an inserted page showing a conveyance by the record owner to a person bearing a name similar to vendor’s, there being no certificate from the abstract company furnishing the abstract showing by whom such page had been inserted, such an abstract is not a “proper” abstract within the contract.