Public-domain · open source
OpenJurist

43 Ill. App. 364

Carlson v. Nathan

Appellate Court of Illinois

Decided December 7, 1891

Appellate Court of Illinois · decided 1891-12-07

<p>Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding.</p>

Relies on Davis v. Gassette

Good law ✅— No negative treatment on recordhow we know

Decided 1891-12-07

How this case has been cited

Cited by 8 later decisions — most recently June 1957

7 state decisions

301891190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Cart, J.

¶1This is an action of assumpsit by the appellee against the appellant for commissions as a broker upon the sale of real estate.

¶2Carlson had some improved property incumbered for $18,000, and employed Hathan to dispose of it. Through a clerk, Hathan brought the property to the attention of John A. Linn, who had some unimproved and unincumbered property. Hathan told Carlson to go and see Linn, but he did not do so, though he did look at Linn’s property.

¶3The best offer that Nathan was able to obtain from Linn was on the basis that Carlson’s property was worth §12,500 more than Linn’s, and that came through a clerk. Carlson would not accept it. Nathan himself saw Linn but once, and 'then they quarreled. All negotiations ceased, and nobody concerned had any further thought of a trade.

¶4Carlson and Linn had not met. More than a month thereafter, both of them being customers of the same banker, they were introduced to each other by that banker; spent several hours together, and finally agreed upon a trade upon the basis of §15,000 difference in value.

¶5Upon such a state of facts the appellee was not entitled to commissions. His efforts to procure terms which Carlson w.ould accept failed.

¶6The trade finally made was brought about by other influence, after he had abandoned the business. While the case of Davis v. Gassette, 30 Ill. App. 41, is not like this upon the facts, the principle of it, and the authorities there cited, apply.

¶7The judgment must be reversed and the case remanded.

¶8Jieversed and remanded,

/43/illapp/364 · .json · Public domain