McGuire
McGuire v. Aluminum Products Co.
Opinion
Lead Opinion
Tyler, J.
This is an action to recover damages for breach of contract. In substance the complaint alleges that on the fifth day of March, 1919, plaintiff and defendants entered into an agreement in writing by which the Aluminum Products Company agreed to manufacture and ship certain articles of aluminum ware and cause the same to be transported for the purpose of filling orders to be solicited by plaintiff; that by the terms of said contract plaintiff was to receive a commission of twenty-five per cent on sales effected through his personal efforts. It is recited that the parties entered upon the performance of their agreement, and that plaintiff thereafter secured orders in the sum of $17,871.01, which defendant, in violation of its contract, failed to fill, thereby depriving plaintiff of his commission, amounting to the sum of $4,467.50. As flowing from this alleged breach of contract plaintiff claims special damages in the sum of $3,809.22. In support of his claim for special damages plaintiff alleges:
1. That he was in Chicago engaged in the fulfillment of his contract when he discovered defendant’s neglect and failure to perform its contract, and that in consequence he was required to…