Evans v. Hughey

Citations

• 76 Ill. 115

Syllabus

<p>1. Contract—-for services—when due. Where the owner of land agreed to pay an agent $500 for selling the same at $30 per acre, and that the agent might have all he could get above that price, as an additional compensation; and the agent sold for $85 per acre, taking notes for the greater part of the purchase money to his principal: Reid, that the agent was not entitled to maintain an action as to the $5 per acre until the notes were paid, or, at least, until after.their maturity and a reasonable time for collection.</p> <p>2. Recoupment—must grow out of plaintiff’s muse of action. Where the plaintiff sold land for the defendant, agreeing to take security for the first payment of $3000 on other land of the value of $6000, and after-wards the defendant sold to the same purchaser certain personal property, for the sum of $2500, and directed the plaintiff to take mortgage on the purchaser’s farm, then valued at $11,200, for both payments, and record the same, and the plaintiff did take such mortgage, but, through his neglect, it was not recorded until after liens to the extent of $1179.50 had attached to the mortgaged premises, which the defendant, after foreclosure of his mortgage, was compelled to discharge by payment: Held, in a suit by the plaintiff to recover the compensation agreed upon for making the sale, that the defendant could not recoup the damages sustained by him in consequence of the neglect to record the mortgage, as the same did not arise out of the contract sought to be enforced by the plaintiff, but that his remedy should be sought in a distinct suit. ’</p>