{
  "id": 5053595,
  "name": "Hyman Goldstein, Appellant, v. Sol Rosenberg, Appellee",
  "name_abbreviation": "Goldstein v. Rosenberg",
  "decision_date": "1947-05-19",
  "docket_number": "Gen. No. 44,056",
  "first_page": "374",
  "last_page": "375",
  "citations": [
    {
      "type": "official",
      "cite": "331 Ill. App. 374"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "289 N. Y. 274",
      "category": "reporters:state",
      "reporter": "N.Y.",
      "case_ids": [
        2053999
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ny/289/0274-01"
      ]
    }
  ],
  "analysis": {
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    "word_count": 396
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  "last_updated": "2023-07-14T14:59:14.602039+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Hyman Goldstein, Appellant, v. Sol Rosenberg, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Niemeyer\ndelivered the opinion of the court.\nPlaintiff appeals from an order striking his complaint and dismissing his cause.\nThe complaint alleges that plaintiff is a duly licensed real estate broker with whom defendant had listed certain real estate for sale; that plaintiff procured a purchaser and on November 27, 1945, plaintiff and the purchaser entered into an agreement, a copy of which was attached to the complaint, whereby the defendant had agreed to sell and the purchaser procured by plaintiff agreed to buy the real estate in question; that simultaneously with the execution of that agreement defendant executed and delivered to plaintiff a writing under which he agreed to pay plaintiff $1,300 in full payment of his commission \u201con the consummation of the sale of the real estate\u201d under contract of even date between the purchaser produced by plaintiff and defendant. The complaint further alleg\u2019es \u201cthat thereafter the defendant refused to comply with the terms and conditions of said real estate contract and failed to close the said deal, all the while the purchaser being ready, willing and able to purchase said property and demanding that the sale be consummated,\u201d and that defendant thereafter sold the property to other purchasers and has not paid the commission due plaintiff.\nDefendant\u2019s position is that the consummation of the deal was a condition precedent to his obligation to pay a commission, even though the failure to consummate the deal was due to his fault. This position is untenable. Defendant cites a number of cases, in most of which the purchaser defaulted in the performance of his contract. The better rule, consistent with honesty and fair dealing, is that the seller cannot take advantage of a condition precedent the performance of which he has rendered impossible. Stern v. Gepo Realty Corp., 289 N. Y. 274; 12 Am. Jur., Contracts, \u00a7 329; Restatement of the Law, Contracts, \u00a7 295; Williston on Contracts, Rev. Ed., vol. 3, \u00a7 677.\nThe order appealed from is reversed and the cause remanded with directions to proceed in conformity with this opinion.\nReversed and remanded with directions.\nO\u2019Connor, P. J., and Feinberg, J., concur.",
        "type": "majority",
        "author": "Mr. Justice Niemeyer"
      }
    ],
    "attorneys": [
      "Sidney J. Goldstein, of Chicago, for appellant.",
      "Irving S. Berman and Brodkin & Bibber, all of Chicago, for appellee."
    ],
    "corrections": "",
    "head_matter": "Hyman Goldstein, Appellant, v. Sol Rosenberg, Appellee.\nGen. No. 44,056.\nOpinion filed May 19, 1947.\nReleased for publication June 3, 1947.\nSidney J. Goldstein, of Chicago, for appellant.\nIrving S. Berman and Brodkin & Bibber, all of Chicago, for appellee."
  },
  "file_name": "0374-01",
  "first_page_order": 400,
  "last_page_order": 401
}