COLE STEEL EQUIP. CO. v. SPITZER’S FURNITURE, 325 Ill. App. 692 (1945)

60 N.E.2d 645

Gen. No. 43,163. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed April 19, 1945 Released for publication May 2, 1945

AGENCY, § 35[*] — lack of apparent authority to execute binding contract. In action to recover for merchandise sold and delivered, wherein defendant’s counterclaim alleged contract with plaintiff, whereby latter agreed to deliver other merchandise at agreed price and, that upon plaintiff’s refusal to deliver it, defendant was required to purchase same on open market, and paid $273.62 in excess of amount for which plaintiff’s sales manager had contracted to deliver same, it appearing that sales manager quoted defendant price with better than average discount, held that although agent had title of sales manager, this was insufficient to prove that plaintiff clothed him with apparent authority to bind it as party to alleged contract, in absence of single precedent act or transaction upon which could be asserted course of conduct manifesting agent’s apparent authority to enter into purported contract.

Appeal from the Municipal Court of Chicago; the Hon. JOHN J. GRIFFIN, Judge, presiding.

Judgment affirmed. Heard in the second division, first district, this court at the October term, 1944.

Cohon Goldstein, for appellant;

Mayer, Altheimer Kabaker, for appellee;

Irving B. Naiburg and Joseph J. Strasburger, Jr., of counsel.

Opinion by PRESIDING JUSTICE SULLIVAN.

Not to be published in full. Opinion filed April 19, 1945; released for publication May 2, 1945.