{
  "id": 5318345,
  "name": "James G. Kirk, Appellant, v. Henry M. Rich & Company, Appellee",
  "name_abbreviation": "Kirk v. Henry M. Rich & Co.",
  "decision_date": "1910-06-30",
  "docket_number": "Gen. No. 15,194",
  "first_page": "483",
  "last_page": "485",
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      "cite": "156 Ill. App. 483"
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    "id": 8837,
    "name": "Illinois Appellate Court"
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  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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  "last_updated": "2023-07-14T20:19:00.079639+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "James G. Kirk, Appellant, v. Henry M. Rich & Company, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court.\nPlaintiff, a real estate broker in Chicago, brought an action for commissions for procuring for defendant a tenant for certain space in a building in Chicago. The trial was by the court and resulted in a finding and judgment for the defendant and plaintiff appealed. The services of the plaintiff, in procuring a tenant for the defendant were rendered between some day in September and October 26, 1907. October 30 plaintiff obtained from the City of Chicago a license to conduct the business of broker, \u201cin said city until the first day of May next,\u201d and paid therefor $25, the fee fixed for a license for one year. October 31 the lease from the defendant to the tenant was executed.\nThe ordinance of the city of Chicago makes it unlawful \u201cfor any person to engage in the business, or act in the capacity of a broker within the city, without first obtaining a license therefor;\u201d provides that any person violating the ordinance shall be fined not less than $25, etc.; provides that no license shall be granted for a less or longer period than one year, except, etc., and that, \u201cevery license shall expire on the last day of April following its issue,\u201d etc.\nThat the ordinance is valid and that a broker who conducts business in violation of its provisions cannot recover commissions, must be regarded as settled by the decisions of the Supreme Court. Braun v. Chicago, 110 Ill. 186; Banta v. Chicago, 172 id. 204; Douthart v. Congdon, 197 id. 349.\nThe services of plaintiff were rendered before he obtained a license. It is immaterial that after the services were rendered and before the lease was executed, he took out a license. Plaintiff performed his part of his contract with defendant when he procured a person willing and able to accept a lease on the terms offered by the defendant, but his acts in the performance of the contract being unlawful, they cannot be the basis of a recovery.\nThe license took effect from the date it was issued and cannot he given a retroactive effect so as to make valid acts of the plaintiff done between May 1 and October 30, 1907. Eckert v. Collott, 46 Ill. App. 361; Elsberry v. State, 52 Ala. 8; State v. Pate, 67 Mo. 488; Haworth v. Montgomery, 91 Tenn. 16.\nWe find no error in the record, and the judgment is affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "William A. Morrow, for appellant.",
      "Kihgeb, Wilhartz and Louer, for appellee."
    ],
    "corrections": "",
    "head_matter": "James G. Kirk, Appellant, v. Henry M. Rich & Company, Appellee.\nGen. No. 15,194.\n1. Ordinances\u2014validity of, requiring real estate brokers to be licensed. An ordinance is valid which provides that a broker who conducts a business in violation of its provisions requiring the obtaining of a license, cannot recover commissions.\n2. Brokers and factors\u2014when lack of license precludes recovery of commissions. A license to a real estate broker becomes effective from the day of its issuance and he cannot recover commissions for services earned prior to the issuance thereof to him, notwithstanding the transaction out of which his claim for commissions arises was not altogtlier concluded until after such broker has received his license.\nAssumpsit. Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding.\nHeard in this court at the March term, 1909.\nAffirmed.\nOpinion filed June 30, 1910.\nWilliam A. Morrow, for appellant.\nKihgeb, Wilhartz and Louer, for appellee."
  },
  "file_name": "0483-01",
  "first_page_order": 507,
  "last_page_order": 509
}