BENTLEY v. MERCHANTS MATRIX CUT SYNDICATE, 328 Ill. App. 589 (1946)

66 N.E.2d 493

Gen. No. 43,155. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed April 24, 1946 Released for publication May 10, 1946

CONTRACTS, § 603[*] — legal effect of unambiguous contract as question of law for decision by court. In action by decedent’s administratrix for defendant’s breach of contract in failing to extend written agreement for monthly payments to decedent in consideration for his refraining

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from engaging in competing business, and which payments were dependent upon earnings of defendant exceeding certain amount, where defendant contended that “earnings” meant “net profits,” held that contract was neither ambiguous nor incomplete and legal effect of it presented question of law for court to decide.

Appeal from the Circuit Court of Cook county; the Hon. THOMAS J. LYNCH, Judge, presiding.

Judgment affirmed. Heard in the third division, first district, this court at the December term, 1944.

Lucius, Buehler Lucius, for appellant;

Edward B. Lucius and Ralph F. Trenchard, of counsel;

Winston, Strawn Shaw, for appellee;

George B. Christensen and Alexander J. Moody, of counsel.

Opinion by JUSTICE LEWE.

Not to be published in full. Opinion filed April 24, 1946; released for publication May 10, 1946.