Young v. Trainor

Appellate Court of Illinois

Young v. Trainor

57 Ill. App. 632, 1894 Ill. App. LEXIS 364

DecidedJanuary 10, 1895

StatusPublished

This text of 57 Ill. App. 632 (Young v. Trainor) 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

Young v. Trainor, 57 Ill. App. 632, 1894 Ill. App. LEXIS 364 (Ill. Ct. App. 1895).

Pincite

Opinion

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

In regard to the testimony concerning the alleged promise by Trainor to pay appellant $1,000 if he would get Winter’s signature to the proposition, we see no sufficient reason for interfering with the conclusion of the jury. Moreover, Mr. Winter’s name was not signed to the proposition in a way to bind him to an acceptance thereof. Winter v. Trainor, 151 Ill. 191.

If, as appellant asserts, and appellee denies, appellee promised to give $1,000 for the obtaining of Winter’s signature to the written proposition, it is clear that both parties must have understood that it was for Winter’s 'signature in a way that bound him, that payment would be made.

Such being the case, it is immaterial that after appellee had withdrawn his proposition, Winter declared his willingness to accept it.

Appellant neither sold nor effected a binding contract of sale of appellee’s property; he therefore did not earn or become entitled to a commission.

The judgment of the Circuit Court is affirmed.

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