Saladin v. Mitchell

Citations

• 45 Ill. 79

Syllabus

<p>1. Principal and auent—when suit maybe brought by either — on contract made with agent in his own name. The rule is well established, that on a contract not under seal, made by an agent in his own name, for an undisclosed principal, either the agent or principal may sue on it.</p> <p>2. Same — of rights of defendant—when suit is brought by the principal. But in such case, where suit is brought by the principal, the defendant may avail himself of any payment made in good faith to the agent, before the disclosure of the principal.</p> <p>3. Broker—definition of. A broker is an agent employed to make bargains and contracts between other persons in matters of trade, and receives a commission for so doing; acting in the names of those who employ him, and for some purposes is treated as the agent of both contracting parties.</p> <p>4. Same—when cannot rescind contract—without the consent of his principal. A right by a broker to make a sale of property for another, does not incl.ude the right of such broker to rescind the same, without the knowledge or consent of his principal, unless the commercial usage was such at the place where the sale was made.</p> <p>5. Damages —measure of—where vendee fails to accept the commodity and pay the contract price — there being no agreement for a delivery. The rule is well settled, that where a vendee fails to accept the commodity contracted for, and pay the purchase price, there being no agreement for a delivery by the vendor, the vendor may resell it, if he sees fit, and the measure of damages will be the difference between the contract price and that realized at the resale.</p> <p>6. Vendor.—when and how resale of property may be made by—of notice to vendee. If a vendee of goods neglect or refuse to take them and pay the agreed price within a reasonable time, the vendor may resell them, on notice to the vendee, and look to him, for the deficiency by way of damages for the breach of the contract.</p> <p>7. Same—resale by—must be in