CONTRACTS, § 357 — contract as lacking mutuality because of indefiniteness of provision for compensation. In action on written contract of employment for five years as manager of residential building, which provided compensation "not to exceed 4% of gross rental income," where plaintiff was discharged after completing less than four years as manager, during which he was paid the maximum provided for in the contract, and thereafter rendered no services for defendant, held plaintiff could not recover on contract because salary provision was indefinite, since it set only a maximum, and therefore "contract" lacked mutuality; that its terms, not being ambiguous, were not subject to definition by conduct of parties relating to remuneration prior to plaintiff's discharge.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE LUPE.
Not to be published in full. Opinion filed May 18, 1945; rehearing denied June 8, 1945; released for publication June 8, 1945.