Opinion
Gen. No. 41,302. (Abstract of Decision.)
Opinion filed December 23, 1940 Rehearing denied January 6, 1941
BROKERS, § 36 — contract to notify principal of fluctuations in price of corn, evidence. In action against broker on Chicago Board of Trade for failure to notify plaintiff of fluctuation in price of corn of more than 1/8 of a cent per bushel, plaintiff improperly had judgment, because evidence did not show such agreement on part of broker, there being testimony to the effect that on August 2, in order to notify plaintiff of such fluctuations, it would have been necessary to notify him approximately 550 times.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. MICHAEL TREMKO, presiding.
Reversed. Heard in first division, first district, this court at June term, 1940.
Bell, Boyd Marshall, for appellants;
David A. Watts and Victor M. Harding, Jr., of counsel;
Martin M. Gross, Samuel Block and B. Pelechowicz, for appellees.
"Not to be published in full." Opinion filed December 23, 1940; rehearing denied January 6, 1941.