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Ellithorpe v. Holmes

Appellate Court of Illinois, First District
May 28, 1940
305 Ill. App. 625 (Ill. App. Ct. 1940)

Opinion

Gen. No. 40,511. (Abstract of Decision.)

Opinion filed May 28, 1940 Rehearing denied June 12, 1940

LIMITATIONS OF ACTION, § 16contract partly written and partly oral. Where letter was sent to confirm verbal understanding as to hiring of real estate broker, but made no mention of compensation, oral testimony would be necessary to prove reasonable commission, as contract was partly oral it was in legal effect an oral contract, and the five-year rather than the ten-year statute would control an action by the broker for commissions.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. HARRY M. FISHER, presiding.

Affirmed. Heard in second division, first district, this court at December term, 1938.

Laurence M. Fine, for appellant;

Sonnenschein, Berkson, Lautmann, Levinson Morse, for appellee;

Herbert M. Lautmann and Henry L. Kohn, of counsel.


"Not to be published in full." Opinion filed May 28, 1940; rehearing denied June 12, 1940.


Summaries of

Ellithorpe v. Holmes

Appellate Court of Illinois, First District
May 28, 1940
305 Ill. App. 625 (Ill. App. Ct. 1940)
Case details for

Ellithorpe v. Holmes

Case Details

Full title:G. S. Ellithorpe, Appellant, v. Glenn E. Holmes, Appellee

Court:Appellate Court of Illinois, First District

Date published: May 28, 1940

Citations

305 Ill. App. 625 (Ill. App. Ct. 1940)
27 N.E.2d 559