MacDonald v. Chicago Law Printing Co.

Full title: Vernon R. MacDonald, Appellee, v. Chicago Law Printing Company, Appellant

Court: Appellate Court of Illinois, First District

Date published: May 18, 1945

326 Ill. App. 252 (Ill. App. Ct. 1945)

61 N.E.2d 268

Opinion

Gen. No. 42,707. (Abstract of Decision.)

Opinion filed May 18, 1945 Released for publication June 8, 1945

AGENCY, § 215^_ — insufficiency of evidence to prove procurement of business in action by agent for commission. In action by salesman for commission on contract for printing obtained for defendant, evidence that plaintiff took some part in procuring contract and submitted estimate, while sufficient to make prima facie case, was insufficient to prove by preponderance of evidence that plaintiff had obtained the contract for defendant, where others were involved in the negotiations and brought contracting parties together.

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

Appeal from the Circuit Court of Cook county; the Hon. MICHAEL FEINBERG, Judge, presiding.

Judgment reversed and cause remanded. Heard in the third division, first district, this court at the June term, 1943.

Poppenhusen, Johnston, Thompson Raymond, for appellant;

Henry J. Brandt, Albert E. Jenner, Jr., and Gilbert H. Hennessey, Jr., of counsel;

Bryant, Roberts, Hwass Colwell, for appellee.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed May 18, 1945; released for publication June 8, 1945.