Opinion
Gen. No. 42,889. (Abstract of Decision.)
Opinion filed May 18, 1945 Released for publication June 8, 1945
FRAUDS, STATUTE OF, § 34 — when oral contract for jobber's commissions not within purview of statute. Where manufacturer sold products directly to customers of jobber in violation of agreement, and oral contract provided for payment of usual commission to jobber in such sales, in action by manufacturer against jobber for price of goods sold to jobber, verdict on jobber's counterclaim for commissions due under oral contract, for sales made by manufacturer to jobber's customers, held warranted, oral contract not being within purview of section 1 of Statute of Frauds, since it not only could be, but was, terminated within one year of its inception.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOHN J. GRIFFIN, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the December term, 1943.
Clement L. Harrell, for appellant;
Loesch, Scofield, Loesch Burke, of counsel;
Ernest W. Clark and James Maher, for appellee.
Not to be published in full. Opinion filed May 18, 1945; released for publication June 8, 1945.