{
  "id": 2965054,
  "name": "Elias B. Woolf et al., Copartners, trading as E. B. Woolf & Company, Appellees, v. Alfred Hamburger, Appellant",
  "name_abbreviation": "Woolf v. Hamburger",
  "decision_date": "1916-10-30",
  "docket_number": "Gen. No. 22,354",
  "first_page": "612",
  "last_page": "614",
  "citations": [
    {
      "type": "official",
      "cite": "201 Ill. App. 612"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T15:52:04.845486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Elias B. Woolf et al., Copartners, trading as E. B. Woolf & Company, Appellees, v. Alfred Hamburger, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Holdom\ndelivered the opinion of the court.\n6. Damages, \u00a7 243 \u2014how determined. Damages must be assessed from the evidence in the record, and not dehors the record.\n7. Appeal and error, \u00a7 576*\u2014when cross errors assigned cannot be heard. On appeal from a judgment for plaintiffs in an action tried without a jury, cross errors assigned by plaintiffs as to the measure of damages cannot be heard where no objection or exception to the action of the court complained of was made or preserved at the trial.\n8. Appeal and error, \u00a7 1810*\u2014when failure to except to judgment does not prevent entry of proper judgment. Where in an action tried without a jury the court adopts a wrong measure of damages and consequently enters a judgment for plaintiffs in an amount less than the amount of such judgment if a proper measure of damages had been adopted, the Appellate Court is not prevented from entering the proper judgment by the fact that plaintiffs\u2019 cross errors cannot be heard, owing to the want of objection or exception in the trial court.",
        "type": "majority",
        "author": "Mr. Justice Holdom"
      }
    ],
    "attorneys": [
      "E. S. Hartman, for appellant.",
      "Simeon Straus and Ira E. Straus, for appellees."
    ],
    "corrections": "",
    "head_matter": "Elias B. Woolf et al., Copartners, trading as E. B. Woolf & Company, Appellees, v. Alfred Hamburger, Appellant.\nGen. No. 22,354.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Look-wood Honors, Judge, presiding. Heard in this court at the March term, 1916.\nReversed and judgment here for $750.\nOpinion filed October 30, 1916.\nRehearing denied November 13, 1916.\nStatement of the Case.\nAction by Elias B. Woolf, Sidney Kahnweiler and Emil Koritz, copartners, trading as E. B. Woolf & Company, plaintiffs, against Alfred Hamburger, defendant, in the Circuit Court of Cook county, to recover on a quantum meruit brokers\u2019 commissions for the sale by plaintiffs of a printing plant of defendant. From a judgment for plaintiffs, defendant appeals.\nIt was undisputed that there were negotiations between defendant and a broker employed by plaintiffs, and that the purchaser to whom defendant sold the property was introduced to defendant by such broker. Defendant claimed that plaintiffs\u2019 negotiations were suspended and that he made the sale by his own efforts.\nAbstract of the Decision.\n1. Brokers, \u00a7 90 \u2014when evidence sufficient to sustain action for commissions. In an action to recover brokers\u2019 commissions, which action was tried without a jury, a finding that defendant employed plaintiffs to make the sale and that the same was made to the purchaser procured by plaintiffs, on terms satisfactory to defendant, held sustained by the evidence.\n2. Brokers, \u00a7 36*\u2014what constitutes performance of contract for commissions. A broker, in order to entitle himself to commissions, must show that he has produced a purchaser ready and willing to take the property on the terms specified, or that his efforts were the procuring cause of the sale which the principal has made to the purchaser with whom he has been brought into communication.\n3. Brokers, \u00a7 37*\u2014when broker is efficient procuring cause of sale. Where an owner of property actually sells to a purchaser procured by brokers whom he has employed to secure such purchaser, and on terms agreed on between the owner and the purchaser, the brokers are the efficient procuring cause of the sale although there is evidence that during the preliminary negotiations the purchaser was unable to come to terms with the owner, and stated that he could not buy the property for himself but intended to sell it to a third party.\n4. Trial, \u00a7 299*\u2014when refusal to hold propositions of law not error. In a case tried without a jury it is not error to refuse to hold propositions of law which are inapplicable to the facts established by the evidence.\n5. Brokers\u2014what method of fixing amount of judgment for commissions erroneous. In an action to recover brokers\u2019 commissions, which action is tried without a jury, and where the evidence is conflicting as to what is the usual and customary commission payable on such a sale, some witnesses fixing it at five per cent, on the value of the property sold, and others at two and a half per cent., it is error for the court arbitrarily to fix the sum recoverable at an amount less than that fixed by any of the witnesses, since the court cannot set up its undisclosed judgment as a basis for the assessment of damages, but must either accept one or the other of the rates testified to, or assess damages at an amount between such rates, and not above or below them.\nE. S. Hartman, for appellant.\nSimeon Straus and Ira E. Straus, for appellees.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols, XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0612-01",
  "first_page_order": 654,
  "last_page_order": 656
}