Moring v. the Peelle Company

Full title: George E. Moring, Appellee, v. The Peelle Company, Appellant

Court: Appellate Court of Illinois, First District

Date published: Feb 23, 1940

304 Ill. App. 252 (Ill. App. Ct. 1940)

26 N.E.2d 187

Opinion

Gen. No. 39,307. (Abstract of Decision.)

Opinion filed February 23, 1940

AGENCY, § 203^_ — commissions, construction of contract relating to. In action on agency contract for commissions for selling freight elevator equipment, provisions of contract permitting defendant to make equitable division of commissions when an outside office was influential in securing sale or sale was made at reduction of list price were valid and acquiesced in by plaintiff, and as to one item where plaintiff protested splitting commission with another agent but cashed check offered as payment in full, there was an accord and satisfaction as to such item.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Superior Court of Cook county; Hon. JAMES F. FARDY, presiding.

Reversed. Heard in second division, first district, at June term, 1937.

Sims Stransky, for appellant;

James P. Carey, Jr., and David F. Matchett, Jr., of counsel;

Miller, Gorham, Wales Adams, for appellee;

Herbert C. DeYoung and Charles F. White, of counsel.

Opinion by PRESIDING JUSTICE JOHN J. SULLIVAN.

"Not to be published in full." Opinion filed February 23, 1940.