# Reavy Grady & Crouch Realtors v. Hall

> Appellate Court of Illinois · November 15, 1982 · 110 Ill. App. 3d 325

URL: https://www.frixlaw.com/law-library/cases/9535924

## Case

- **Full name:** REAVY GRADY & CROUCH REALTORS Et Al., Plaintiffs-Appellants, v. JAMES W. HALL Et Al., Defendants-Appellees.—(Ray L. Unterbrink, Plaintiff.)
- **Court:** Appellate Court of Illinois
- **Decided:** November 15, 1982
- **Citations:** 110 Ill. App. 3d 325; 66 Ill. Dec. 35; 442 N.E.2d 307; 1982 Ill. App. LEXIS 2449
- **Precedential status:** Published
- **Opinion:** Dissent by Green
- **Judges:** Trapp, Mills, Green
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9535924

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9535924. Public record. Not legal advice.