Alfio Batelli v. Kagan and Gaines Co., Inc.

The trial court entered a judgment for both general and special damages against Alfio Batelli, the appellant, in a breach of contract case. Batelli claims that the trial court erred in admitting in evidence, depositions taken in a prior case between the same parties.

Batelli is a violin maker and repairman who, prior to 1947, lived in Italy. Kagan and Gaines Co., Inc., the appellee, is a Chicago importer and dealer in musical instruments. Because of the scarcity of skilled violin makers and repairmen in the United States, appellee was able to get Batelli admitted on a temporary basis. From time to time, extensions of his stay were obtained, and finally Congress enacted a private bill which enabled Batelli to become an American citizen. During all this time, Batelli was employed by appellee, who bore all of the costs and attorney’s fees incident to this effort.

When it appeared that Batelli would obtain permanent residence and American citizenship, appellee proposed that Batelli enter into a five-year contract of employment. Batelli, in apparent gratitude for his employer’s efforts, readily agreed to this proposal. Shortly thereafter, a five-year contract, which contained a…