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Mastercraft Lamp Co. v. Mortek
Citations: 171 N.E.2d 427; 28 Ill. App. 2d 273; 1960 Ill. App. LEXIS 546Docket: Gen. 48,134
Court: Appellate Court of Illinois; December 20, 1960; Illinois; State Appellate Court
Mastercraft Lamp Company and Ted Mortek entered into two agreements on November 1, 1954, concerning stock purchase and employment terms. The corporation filed an amended complaint seeking a declaratory judgment to reform the stock purchase contract, assert that Mortek breached the employment contract, and declare that the employment contract was unenforceable. Mortek counterclaimed for damages, alleging breach of the employment contract by the corporation. The court granted summary judgment in favor of Mastercraft, concluding that Mortek breached the employment contract, which relieved the company of its obligations under the stock purchase agreement. The court also determined that an account had been stated between the parties as of February 13, 1957, indicating that Mortek owed nothing from Mastercraft, despite his claims. The ruling emphasized that summary judgment is appropriate only when there are no disputed factual issues. In this case, Mortek, who had served as sales manager and representative, ceased his duties on November 3, 1956, leading to the breach notice from Mastercraft. Mortek accepted a check for commissions and did not contest the provided account, which the court viewed as an accord and satisfaction. The appellate court affirmed the trial court’s decision, agreeing that no triable issue of fact existed, as Mortek had accepted the account statement and check without objection. The judgment was upheld, with Justices Friend and Bryant concurring.