{
  "id": 5357342,
  "name": "Sam Weinshenker, Defendant in Error, v. Elias Epstein, Plaintiff in Error",
  "name_abbreviation": "Weinshenker v. Epstein",
  "decision_date": "1912-12-30",
  "docket_number": "Gen. No. 16,766",
  "first_page": "104",
  "last_page": "106",
  "citations": [
    {
      "type": "official",
      "cite": "176 Ill. App. 104"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "153 Ill. 525",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3029962
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/153/0525-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:8e5b1da9993a9ff8",
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  "last_updated": "2023-07-14T15:47:28.669055+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Sam Weinshenker, Defendant in Error, v. Elias Epstein, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court.\nThis is an action of the fourth class brought by defendant in error in the municipal court against plaintiff in error to recover commissions claimed to have been earned by plaintiff as broker, for the sale of certain real estate of defendant. An ordinance of the City of Chicago makes it unlawful for any person to exercise within the city the business of a real estate broker without taking out a license, and it is settled law that such broker cannot recover commissions unless he had a license when the sale was made. The ordinance only applies to persons who make the negotiation of sales of real estate a business or occupation, and not to one who is not in the business, but negotiates a single sale. O\u2019Neill v. Sinclair, 153 Ill. 525. The sale for which commissions were claimed was negotiated December 6, 1909. In answer to the interrogatory propounded to him, \u201cWhat is your business,\u201d plaintiff answered, May 2, 1910, \u201cBeal estate broker.\u201d On this trial the interrogatory and answer were put in evidence and plaintiff testified, \u201cI am with C. E. Eulette & Company.\u201d He further testified that he had half a dozen customers for defendant\u2019s property, and showed it to about ten people before the contract was signed. It also appeared that defendant bought the property through plaintiff\u2019s office, and that his office was at 167 Dearborn Street. The ordinance further provides that any person employed by a person or corporation licensed as a broker who shall himself engage in the business or act in the capacity of a broker, shall, notwithstanding the fact of such employment, be amenable to the provisions of the ordinance and shall be required to take out a broker\u2019s license. It was admitted by plaintiff\u2019s attorney on the trial that no license ever issued to plaintiff individually. We think that it clearly appears from the evidence that plaintiff was engaged in the business of a real estate broker when he negotiated the sale in question, and that he in that capacity negotiated the sale for which he recovered commissions.\nIt follows from what has been said that in our opinion the plaintiff was not entitled to recover from the defendant and the finding and judgment should have been for the defendant.\nThe judgment of the municipal court will therefore be reversed\n'Reversed.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "Peter Sissman, for plaintiff in error.",
      "Nicolas J. Pritzker, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Sam Weinshenker, Defendant in Error, v. Elias Epstein, Plaintiff in Error.\nGen. No. 16,766.\nBroker\u2014license. A real estate broker who has not taken out a license as required by a city ordinance cannot recover commissions for sale of defendant\u2019s real estate although employed by a corporation licensed as a broker.\nError to the Municipal Court of Chicago; the Host. William N. Cottrell, Judge, presiding. Heard in this court at the October term, 1910.\nReversed.\nOpinion filed December 30, 1912.\nPeter Sissman, for plaintiff in error.\nNicolas J. Pritzker, for defendant in error."
  },
  "file_name": "0104-01",
  "first_page_order": 134,
  "last_page_order": 136
}