Bryant v. Ayers

Decided October 16, 1914

Appellate Court of Illinois · decided 1914-10-16

Abstract of the Decision. 1. Bbokebs, § 70*—effect of declaring on special contract. Where a loan agent declares on a special written contract for commission alleged to have been earned in procuring a loan, he cannot recover on the quantum meruit. 2.. Brokers, § 70*—nature and form of action for compensation. Where plaintiff by a written contract agreed to have money on hand for defendants to bid in their interest at a master’s sale of certain real estate, and the money was not furnished on that day or any other day, and the contract was not in any way complied with, plaintiff is not in a position to recover compensation for a loan in a declaration upon a special contract.

Reversed with finding of fact · Decided 1914-10-16

Mr. Justice Scholfield

¶1delivered the opinion of the court.

2.. Brokers, § 70*—nature and form of action for compensation. Where plaintiff by a written contract agreed to have money on hand for defendants to bid in their interest at a master’s sale of certain real estate, and the money was not furnished on that day or any other day, and the contract was not in any way complied with, plaintiff is not in a position to recover compensation for a loan in a declaration upon a special contract.