Legal Breif

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MOLITOR V. CHICAGO TITLE & TRUST CO. et al.

Gen. No. 460.

Appellate Court of Illinois First District.

Second Division.

Help with essay on Legal Breif

Feb. 1, 145.

FACTS

Mr. Molitor worked for the Chicago Title and Trust Company for two years, He then moved to New York and got a couple of jobs there and lost them. He then became desperate and called Mr. Doll. Mr Doll was a worker for the Chicago Title and Trust Company. Mr. Molitor had asked for a temporary job. Mr. Doll and him have made an agreement for Mr Molitor to work. Mr Molitor was not showing up for work. Mr Doll then made another agreement to make Mr. Molitor and permanent employee. Mr. Molitor stated that he would take him up on the offer if he was guaranteed a permanent position so he would be able to buy a house for his family. Mr. Doll said "you have a permanent position." When Mr. Molitor moved back to Chicago there was no employment waiting for him.

ISSUE

Did the Superior Court of Cook County err to determine that their was in fact a breach of contract which resulted with a judgement in favor of the Defendant? Was there an err granting the appeal?

RULE

There was sufficient evidence to support the Defendants claim. The Defendant never promised permanent employment. There is also evidence to prove that Plaintiff would not have excepted employment with the Defendant without "permanent employment guarantee."

ANALYSIS

In support of the conclusion, the case cited was Carning V. Carr. The trial court held as a matter of law that the Plaintiff could not recover and awarded judgement upon the special verdict for the Defendant. The court of appeals reversed that judgement and remanded the cause with direction to enter judgement for Plaintiff in the amount found by jury.

CONCLUSION

The court reached the conclusion that the trial court erred in entering judgement for the Defendant Company notwithstanding the verdict for Plaintiff.

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