BROKERS, § 113 — terms of employment question of fact. In action by plaintiff to recover for services rendered in procuring purchaser of defendant's premises as result of exclusive listing, where it appeared that plaintiff presented purchaser to defendant willing to buy at latter's price, but defendant refused to accept purchaser in view of five-day option given to another realtor to sell building which resulted in contract of sale after delay of weeks occasioned by plaintiff's claim for commissions, held that, since option given other broker to sell premises did not constitute sale, and no binding contract for such sale had been entered into by defendant at time plaintiff tendered his purchaser, verdict for plaintiff was not against manifest weight of evidence, as whether or not plaintiff had been employed to sell premises, and if so, terms of such agreement, were purely questions of fact to be determined by jury.
See Callaghan's Illinois Digest, same topic aud section number.
Opinion by PRESIDING JUSTICE NIEMEYER.
Not to be published in full. Opinion filed March 26, 1945; rehearing denied April 11, 1945; released for publication April 11, 1945.