Plaintiff sued for violation of marketing agreement. After bench trial on counts III and V of complaint, court entered judgment in Plaintiff's favor on one part of count III, and entered judgment in Defendant's favor on remainder of count III and on count V. Court properly found that Plaintiff was entitled to producer commission but was not entitled to marketer's fee. Court properly found that Plaintiff failed to prove a breach of oral contract as to work done by Plaintiff's employee. Court did not abuse its discretion in denying Plaintiff's motion for leave to file 2nd amended complaint. Proposed amendment was filed shortly before trial, after nearly a5 years of litigation, and added 2 new causes of action. (BURKE and McBRIDE, concurring.)
Illinois Appellate Court
Civil Court
Breach of Contract