Opinion
Gen. No. 44,283. (Abstract of Decision.)
Opinion filed December 30, 1948 Rehearing denied January 18, 1949 Released for publication January 18, 1949
BROKERS, § 31 — sufficiency of complaint in action for damages. In customer's action against grain brokers for damages for alleged breach of contract in connection with a short sale of grain being carried for customer and against customer's man employed by brokers for damages grounded on allegedly fraudulent acts causing brokers to breach their contract with customer, counts in amended complaint charging that there was a contract of employment between customer, as principal, and brokers, as agents, and that brokers had breached such contract by violating customer's instructions concerning sale and purchase of grain thereby causing damage to customer were sufficient to state a cause of action against brokers, but count seeking damages in tort from both brokers and customer's man, while sufficient as to latter, was insufficient as to brokers where there was no allegation therein charging brokers with any tortious conduct.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOSEPH A. GRABER, Judge, presiding.
Reversed and remanded with directions. Heard in the second division, first district, this court at the December term, 1947.
Wellington G. Brown, for appellant;
Campbell, Clark Miller, for appellees;
Henry Synek, J. Arthur Miller and Edgar Vanneman, Jr., of counsel.
Not to be published in full. Opinion filed December 30, 1948; rehearing denied January 18, 1949; released for publication January 18, 1949.