Schulze v. Parrish

Appellate Court of Illinois

Schulze v. Parrish

195 Ill. App. 348, 1915 Ill. App. LEXIS 327

CourtAppellate Court of Illinois

DecidedNovember 15, 1915

DocketGen. No. 21,052

StatusPublished

This text of 195 Ill. App. 348 (Schulze v. Parrish) 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

Schulze v. Parrish, 195 Ill. App. 348, 1915 Ill. App. LEXIS 327 (Ill. Ct. App. 1915).

Pincite

Opinion

Mr. Justice Baker

delivered the opinion of the court.

Abstract of the Decision. Brokers, § 71*—when judgment for plaintiff improper. In an action to recover broker’s commissions for negotiating an exchange of real estate, where the affidavit of claim is for “the usual, ordinary and customary brokerage commission,” but where the evidence for plaintiff showed that there was a special agreement as to the rate of commission to be paid plaintiff by defendant, held error to stop defendant in his testimony and to refuse to allow him to continue or to hear his other witnesses and to announce a finding and judgment, where defendant testified that the agreement was that defendant should not be liable for plaintiff’s commissions but should obtain them from the other party to the exchange.

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Mr. Justice Baker

delivered the opinion of the court.

Abstract of the Decision. Brokers, § 71*—when judgment for plaintiff improper. In an action to recover broker’s commissions for negotiating an exchange of real estate, where the affidavit of claim is for “the usual, ordinary and customary brokerage commission,” but where the evidence for plaintiff showed that there was a special agreement as to the rate of commission to be paid plaintiff by defendant, held error to stop defendant in his testimony and to refuse to allow him to continue or to hear his other witnesses and to announce a finding and judgment, where defendant testified that the agreement was that defendant should not be liable for plaintiff’s commissions but should obtain them from the other party to the exchange.

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Bluebook (online)

195 Ill. App. 348, 1915 Ill. App. LEXIS 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schulze-v-parrish-illappct-1915.