Nudelman v. Wildes

Appellate Court of Illinois

Nudelman v. Wildes

160 Ill. App. 134, 1911 Ill. App. LEXIS 848

CourtAppellate Court of Illinois

DecidedMarch 21, 1911

DocketGen. No. 15,305

StatusPublished

Cited by3 cases

This text of 160 Ill. App. 134 (Nudelman v. Wildes) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nudelman v. Wildes, 160 Ill. App. 134, 1911 Ill. App. LEXIS 848 (Ill. Ct. App. 1911).

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Opinion

Mr. Justice Baldwin

delivered the opinion of the court.

The written contract upon which the rights of the parties depend is clear and unambiguous. It is expressly provided that the defendants shall not pay any commissions to the plaintiff, and that the defendants are to receive $16,287.50 net before plaintiff is entitled to any compensation. The language being so clear, there is no room for construction. It is manifest that plaintiff’s compensation was to be such an amount as was realized from the property in excess of the $16,287.50, which should be actually paid to the defendants. Under the plaintiff’s contract he was compelled to complete a sale, including the payment of the purchase price, before his commissions became earned and payable. Burnett v. Potts, 236 Ill. 499.

Under the facts in this case the court below could have reached no different conclusion, and the judgment is, therefore, affirmed.

'Affirmed.

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Mr. Justice Baldwin

delivered the opinion of the court.

The written contract upon which the rights of the parties depend is clear and unambiguous. It is expressly provided that the defendants shall not pay any commissions to the plaintiff, and that the defendants are to receive $16,287.50 net before plaintiff is entitled to any compensation. The language being so clear, there is no room for construction. It is manifest that plaintiff’s compensation was to be such an amount as was realized from the property in excess of the $16,287.50, which should be actually paid to the defendants. Under the plaintiff’s contract he was compelled to complete a sale, including the payment of the purchase price, before his commissions became earned and payable. Burnett v. Potts, 236 Ill. 499.

Under the facts in this case the court below could have reached no different conclusion, and the judgment is, therefore, affirmed.

'Affirmed.

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Bluebook (online)

160 Ill. App. 134, 1911 Ill. App. LEXIS 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nudelman-v-wildes-illappct-1911.

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