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LUND v. E.D. ETNYRE & CO.

Gen. No. 68-28.

103 Ill. App.2d 158 (1968)

242 N.E.2d 611

Harold E. Lund, Plaintiff-Appellant, v. E.D. Etnyre & Co., an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Rehearing denied January 9, 1969.

Attorney(s) appearing for the Case

Reno, Zahm, Folgate and Skolrood, of Rockford, for appellant.

Wolfe, Hubbard, Voit and Osann, of Chicago, for appellee.

MR. JUSTICE MORAN delivered the opinion of the court.

Plaintiff brought suit for an accounting for commissions that were allegedly due him on the sale of certain machines. The defendant filed a motion to dismiss the complaint under section 48 of the Civil Practice Act (Ill Rev Stats 1967, c 110, § 48(g)). The sole ground of the motion was that the agreement sued upon by the plaintiff violated the Statute of Frauds, in that it was an agreement which could not...

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