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Earle G. Krumrine, Trading as E. G. Krumrine Company, Appellee, v. Wilbur E. Howett Company, and Wilbur E. Howett, Appellants.

1. ACCORD AND SATISFACTION, § 3 — acceptance of check as constituting accord and satisfaction. Where bona fide dispute existed in regard to amount of commissions due agent for procuring industrial loans for defendant corporation, and payment was made by defendant to plaintiff by check accompanied by letter reciting that check represented payment in full, and plaintiff accepted check as part payment with demand for alleged balance, acceptance thereof amounted to an acceptance in full.

See Callaghan's Illinois Digest, same topic and section number.

2. CORPORATIONS, § 350fn_ — when judgment against officer in individual capacity erroneous. In action against corporation and its president to recover commissions on industrial loans procured by plaintiff, findings and judgment entered against president of defendant in his individual capacity, held erroneous where all of dealings were with defendant corporation and plaintiff looked solely to defendant corporation for whatever commissions it claimed were owing.

Opinion by JUSTICE HEBEL.

"Not to be published in full." Opinion filed June 25, 1941

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KRUMRINE v. WILBUR E. HOWETT CO
(Jun 25, 1941)