Opinion
Gen. No. 43,225. (Abstract of Decision.)
Opinion filed January 8, 1945 Released for publication January 29, 1945
EVIDENCE, § 206 — parol evidence as to basis of payment for work done by plaintiffs on written order given by defendant. Where plaintiffs made certain die punches for defendant under written order prepared by defendant on its printed form and sent to plaintiffs, held that plaintiffs were entitled to recover on basis of time actually spent on work, although defendant sought to show by parol testimony that number of hours to be charged was limited by oral agreement to 20 hours per punch, as written order was prepared by defendant and evidently was intended to contain all terms of agreement and mere estimate of time that would probably be expended on each punch could not control express provision of contract to pay upon time and material basis.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. CHARLES S. DOUGHERTY, Judge, presiding. Affirmed.
Heard in the first division, first district, this court at the October term, 1944.
Taylor, Miller, Busch Boyden, for appellant;
Charles R. Sprowl and Paul Oberndorf, of counsel.
Mclnerney, Epstein Arvey, for appellees;
Louis M. Mantynband, George L. Siegel and Melvin A. Garretson, of counsel.
Not to be published in full. Opinion filed January 8, 1945; released for publication January 29, 1945.