Public-domain · open source
OpenJurist

57 Ill. App. 632

Young v. Trainor

Appellate Court of Illinois

Decided January 10, 1895

Appellate Court of Illinois · decided 1895-01-10

Memorandum.—Assumpsit for services. Appeal from the Circuit Court of Cook County; the Hon. Thomas Gr. Windes, Judge, presiding. Submitted at the October term, 1894, Statement of the Case. This is a suit brought by James T. Young, appellant, against John W. Trainor, appellee, to recover for services rendered by Mr. Young in securing for Mr. Trainor the acceptance of a proposition for the exchange of certain real estate belonging to Trainor.

Relies on Winter v. Trainor

Affirmed · Decided 1895-01-10

Mr. Presiding Justice Waterman

¶1delivered the opinion of the Court.

¶2In regard to the testimony concerning the alleged promise by Trainor to pay appellant $1,000 if he would get Winter’s signature to the proposition, we see no sufficient reason for interfering with the conclusion of the jury. Moreover, Mr. Winter’s name was not signed to the proposition in a way to bind him to an acceptance thereof. Winter v. Trainor, 151 Ill. 191.

¶3If, as appellant asserts, and appellee denies, appellee promised to give $1,000 for the obtaining of Winter’s signature to the written proposition, it is clear that both parties must have understood that it was for Winter’s 'signature in a way that bound him, that payment would be made.

¶4Such being the case, it is immaterial that after appellee had withdrawn his proposition, Winter declared his willingness to accept it.

¶5Appellant neither sold nor effected a binding contract of sale of appellee’s property; he therefore did not earn or become entitled to a commission.

¶6The judgment of the Circuit Court is affirmed.

/57/illapp/632 · .json · Public domain