BROKERS, § 103 — prima facie case for broker suing for commissions. In real estate broker's action for commissions under contract giving him exclusive right to find a purchaser for defendant's tavern business at a price of $14,000 net to defendant with a minimum down payment of $7,000, evidence for broker showing that he had procured a prospective purchaser who had signed a contract to purchase property for $15,000, that purchaser had $4,000 in cash, $1,000 of which had been deposited as earnest money, and that he had a second mortgage letter of commitment for $2,000 and more than $2,000 in cash surrender value of life policies was sufficient to show that purchaser was able to command necessary funds with which to complete purchase and made a prima facie case for broker which, in absence of contrary proof, would have entitled him to judgment; hence judgment entered for defendant at close of broker's case was unauthorized.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE TUOHY.
Not to be published in full. Opinion filed October 31, 1949; released for publication November 21, 1949.