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209 Ill. App. 526

Goodman v. Smith

Appellate Court of Illinois

Decided March 5, 1918

Appellate Court of Illinois · decided 1918-03-05

<p>Abstract of the Decision.</p> <p>1, Brokers, § 88*^to7z-e?i shown that broker accepted payment for services from agent of purchaser. In an action to recover from the vendor a commission on the sale of real estate, evidence held to show that plaintiff had accepted from the purchaser’s agent a sum of money in payment of his services in connection with the sale.</p> <p>2. Brokers—what constitutes release of vendor from, liability for commissions. Where one who has been negotiating the sale of property for the vendor executes an instrument, after a contract for the sale of the property has been entered into and he has received a sum of money from the purchaser’s agent, which recites that he thereby releases his “right from commission on” the property in question, such instrument constitutes a release of his claim against the vendor for commissions.</p>

Reversed with finding of facts · Decided 1918-03-05

Mr. Justice Dever

¶1delivered the opinion of the court.

2. Brokers—what constitutes release of vendor from, liability for commissions. Where one who has been negotiating the sale of property for the vendor executes an instrument, after a contract for the sale of the property has been entered into and he has received a sum of money from the purchaser’s agent, which recites that he thereby releases his “right from commission on” the property in question, such instrument constitutes a release of his claim against the vendor for commissions.
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