Hoyt v. Shipherd

Citations

• 70 Ill. 309

Syllabus

<p>1. Secondary evidence—contract from report of case. It is error to . allow in evidence what purports to be a contract of sale, from a volume of the reports of this court, against objection, as it is not the best evidence of its terms. If the original was lost or destroyed, on proof of that fact, secondary evidence of its contents might be introduced. In such a case, if the contract was correctly copied into the bill of exceptions, this would be competent evidence of its terms and contents, but without proof that the contract set out in the opinion of this court as published, was the same as that copied in the bill of exceptions, the report of the case is not admissible.</p> <p>2. Contract—agent's right to commissions for selling land. Where real estate agents were authorized to sell real estate for §48.000, one-third cash in hand, and the balance to remain in mortgage one and two years, with interest at eight per cent, for which the agents were to receive a commission of two and a half per cent, and the agents sold the property for the required price, one-third to be paid in twenty days, without interest, the balance to be secured by a deed of trust and note, and the purchaser afterwards refused to complete the purchase, for certain objections to the title: Seld, that the sale not being such as the agents were authorized to make, in the absence of proof of a ratification, they were not entitled to recover the commissions agreed upon.</p> <p>3. Agency—right to recover compensation from principal. In order to entitle an agent to recover compensation from his principal, for services rendered in respect to the subject matter of the agency, he must act strictly according to the authority conferred upon him.</p> <p>4. Where the owner of land authorized real estate agents to sell lands purchased by him, and informed them that he had no deed for the same, but held it under a contract, and the agents made a contract for the sale of the land, which the purchaser refused to