Summary
In Conrad v. Wright Co. 309 Ill. App. 442, 33 N.E.2d 235 (1941), it was held that where a commission salesman produced and the seller accepted an order for coal which was acceptable to the purchaser, the seller could not avoid payment of commission because the coal could not be obtained to fill the order.
Summary of this case from Barnett v. Watco, Inc.Opinion
Gen. No. 41,524. (Abstract of Decision.)
Opinion filed March 31, 1941.
CONTRACTS, § 576 — services, sufficiency of evidence. Plaintiff properly recovered for breach of contract, where he was to act as vice president for defendant in selling coal, but was deprived of commissions when he obtained a large order for coal after submitting a certain type at defendant's direction, but defendant then stated it could not fulfill the contract because it could not buy a sufficient amount of that type of coal.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. JOHN J. WALLACE presiding.
Affirmed. Heard in first division, first district, this court at October term, 1940.
Gordon, Pierce, Edmonds Martin, for appellant;
Elbridge Bancroft Pierce, of counsel;
Scott, MacLeish Falk, for appellee;
George A. Newton, of counsel.
"Not to be published in full." Opinion filed March 31, 1941.