Newmann v. Ciralski

Full title: Fred Newmann, Appellee, v. Nathan Ciralski and Anice Ciralski, Appellants

Court: Appellate Court of Illinois

Date published: Jun 4, 1947

331 Ill. App. 615 (Ill. App. Ct. 1947)

73 N.E.2d 457

Opinion

Gen. No. 43,839. (Abstract of Decision.)

Opinion filed June 4, 1947 Released for publication June 19, 1947

BROKERS, § 115^_ — when vendor entitled to directed verdict in broker's action for commission. In real estate broker's action for commission for alleged sale of realty, where contract with broker contained provision that upon execution of contract and making of initial payment vendor would pay to broker certain commission but contract was not executed, held that broker failed to make out case and that it was duty of trial court to direct verdict for vendor.

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

Appeal from the Municipal Court of Chicago; the Hon. LEROY HACKETT, Judge, presiding.

Judgment reversed and judgment here. Heard in the third division, first district, this court at the October term, 1946.

Irving Breakstone, for appellants;

Sidney Z. Tepper, for appellee.

Opinion by JUSTICE BURKE.

Not to be published in full. Opinion filed June 4, 1947; released for publication June 19, 1947.