McCann v. Woodstock Typewriter Co.

Full title: Homer D. McCann, Appellee, v. Woodstock Typewriter Company, Appellant

Court: Appellate Court of Illinois, First District

Date published: May 22, 1940

305 Ill. App. 498 (Ill. App. Ct. 1940)

27 N.E.2d 661

Opinion

Gen. No. 41,147. (Abstract of Decision.)

Opinion filed May 22, 1940

MASTER AND SERVANT, § 61^_ — commissions, evidence. In action by typewriter salesman for commissions, lower court improperly granted judgment for plaintiff, where it appeared that the company rules required a written order before salesmen were entitled to commissions, plaintiff solicited a certain customer but an order was not made until July 6th, and plaintiff left the employee of defendant on the morning of July 6th.

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

Appeal from Municipal Court of Chicago; Hon. CECIL C. SMITH, presiding.

Reversed and remanded with directions. Heard in third division, first district, this court at February term, 1940.

Gardner, Foote, Morrow Merrick, for appellant;

Robert L. Elliott, Jr., of counsel;

Albert E. Grammer, for appellee.

Opinion by JUSTICE BURKE.

"Not to be published in full." Opinion filed May 22, 1940.