Frankenstein and Company v. Williams

Full title: Frankenstein and Company, etc., et al., Plaintiffs, v. Richard L…

Court: Appellate Court of Illinois, Chicago, First District

Date published: May 2, 1944

323 Ill. App. 276 (Ill. App. Ct. 1944)

55 N.E.2d 112

Opinion

Gen. No. 42,344. (Abstract of Decision.)

Opinion filed May 2, 1944 Rehearing denied May 17, 1944

BROKERS, § 66^_ — evidence defeating right to commission for procuring loan because of loaning company's unwillingness to make loan. In action to recover a brokerage commission alleged to be due for procuring a mortgage loan on a given piece of property, where evidence showed that plaintiff procured a commitment for such loan but that it was afterward withdrawn, on ground that credit report showed insufficient collateral, held that plaintiff could not recover since defendant was ready at all times to have the loan consummated and the evidence conclusively showed that the loaning company was not ready and willing to make such a loan.

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

Appeal from the Circuit Court of Cook county; the Hon. WALTER W. WRIGHT, Judge, presiding.

Judgment affirmed. Heard in the second division, first district, this court at the October term, 1942;

Randolph Bohrer, for appellants;

Birchard P. Hayes, of counsel.

Murphy, Lilliander Gemmill, for appellee.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed May 2, 1944; rehearing denied May 17, 1944.