Opinion

Reavy Grady & Crouch Realtors v. Hall

  • 110 Ill. App. 3d 325
  • 66 Ill. Dec. 35
  • 442 N.E.2d 307
  • 1982 Ill. App. LEXIS 2449
Court
Appellate Court of Illinois
Filed
Nov 15, 1982
Status
Published
Author
Green
On the bench
Trapp, Mills, Green
Cited by
14 cases
Authority
More cited than 5.0%

The opinion

PRESIDING JUSTICE GREEN, dissenting:

While plaintiff argues that defendant failed to prove by a preponderance of the evidence that the general grant of authority in the telegram was conditional or qualified, the issue in this respect at this stage of the proceedings is whether the trial court’s finding that it was, is contrary to the manifest weight of the evidence. Allendorf v. Elgin, Joliet & Eastern Ry. Co. (1956), 8 Ill. 2d 164 , 133 N.E.2d 288 .

The trial court heard the testimony of Kennedy that defendant made no oral qualifications to the mailgram purporting acceptance of Unterbrink’s offer. It also heard the testimony of defendant that he did make such oral qualifications. While the circumstantial evidence surrounding the transaction tends to support plaintiffs’ version of what happened, the trial court heard the testimony of the two witnesses who were privy to this crucial telephone conversation and observed their demeanor and manner. I do not find that determination of the trial court to be palpably wrong, nor do I conclude that a different result was clearly evident. Owen v. Pret’ A Porter Boutique, Inc. (1973), 15 Ill. App. 3d 438 , 302 N.E.2d 672 .

Accordingly, I would affirm the circuit court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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