Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 238

Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 238

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ... on the land in order to induce a second sale thereof, where the evidence shows such option was a personal scheme of the defendant, of which the complainant had no knowledge and of the benefits of which he was given no opportunity to avail himself. 7. PR1Nc1PA1. AND AcI: N'r--an agent cannot ordinarily represent both seller and purchaser. Ordinarily an agent to sell land owes to his principal the exercise of his best efforts and skill to obtain as large a price as he can, and he cannot, without his principal's consent, also represent the purchaser, and if he puts himself in such inconsistent position he cannot recover for services rendered. 8. SAM1..: --Zt'hen the princip0l has no right to money recei1/ed by agent. "here an owner of land fixes his own price therefor and employs an agent, not to secure as large a price as he can but to secure an acceptance of the proposition, if the sale is made as proposed and the seller receives all that he agreed to take, the fact that the agent for the purchaser agreed to, and did, divide his commission with the seller's agent gives the seller no claim on such money, whether the sale was made with or without commission to the seller's agent. APPEAL from the Branch Appellate Court for the First District;--heard in that court on appeal from the Superior Court of Cook county; the Hon. NV. M. MCEWEN, Judge, presiding. BARKER, CHURCH &' SHEPARD, (W1LL1AM T. CmmCH, of counsel, ) for appellant: The defendant is not estopped by his answer from asserting complainant's remedy is at law and not in equity. Ryan v. Duncan, 88 Ill. 144; Black v. Miller, 173 id. 489; S t0ck Exchange v. M cC laughry, 148 id. 372. Brokers who effect a sale at a price fixed by their principal, in which they...
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Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236951247
  • 9781236951243