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58 Ill. App. 570

Jahn v. Kelly

Appellate Court of Illinois

Decided May 16, 1895

Appellate Court of Illinois · decided 1895-05-16

Assumpsit, for a breach of contract. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in this court at the March term, 1895. Statement Of the Case. This was an action brought to recover damages for breach of a contract for the conveyance of certain real estate. Defendant filed a plea of the general issue and a plea of the statute of frauds.

Affirmed · Decided 1895-05-16

Mr. Presiding Justice Waterman

¶1delivered the opinion of the Court.

¶2There is no evidence showing that Ulrich & Sons had any authority to make for appellee an agreement to sell this dr any other property.

¶3They ivrote to appellee asking him what he would accept for certain property. He replied that he would take $4,200. If Ulrich & Sons had replied that they would take it upon the terms he gave, it might be that a contract to sell to them would thus have been made; but there was in his reply no authority to them to act as his agents or sell to some one else. He may have been willing to sell to them on time, but not to appellee. The judgment of the Circuit Court is affirmed.

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