Wolf v. Parker Holsman Co.

Full title: Gertrude B. Wolf, Appellee, v. Parker Holsman Company, Appellant

Court: Appellate Court of Illinois, First District

Date published: Mar 31, 1941

309 Ill. App. 446 (Ill. App. Ct. 1941)

33 N.E.2d 235

Opinion

Gen. No. 41,483. (Abstract of Decision.)

Opinion filed March 31, 1941.

VENDORS AND PURCHASERS, § 1^_ — offer, revocation. Where plaintiff deposited a check with defendant, a real estate broker, as earnest money upon offer to purchase property, such offer could be revoked by plaintiff before acceptance by the owner of the property and amount of check recovered from defendant; there was no compliance with the statute of frauds because even if check referred to the receipt written by defendant, there was still no writing signed by the seller, nor was there any allegation that defendant was authorized in writing to act for the owners.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. HARRY FISHER, presiding.

Affirmed. Heard in first division, first district, this court at October term, 1940.

Hubbard, Baker Rice, Sidney J. and Arthur Wolf, of counsel.

Opinion by JUSTICE MATCHETT.

"Not to be published in full." Opinion filed March 31, 1941.