Auto Utilities Manufacturing Co. v. U. S. Blow Pipe & Dust Collecting Co., 211 Ill. App. 355 (1918)

May 15, 1918 · Illinois Appellate Court · Gen. No. 23,595
211 Ill. App. 355

Auto Utilities Manufacturing Company, Appellee, v. U. S. Blow Pipe & Dust Collecting Company, Appellant.

Gen. No. 23,595.

(Not to be reported in full.)

Abstract of the Decision.

Corporations, § 325 * — what not within powers of corporation. Under a charter which authorizes a corporation “to manufacture, buy, sell, use, and deal in automobile specialties; to manufacture, buy, sell, use, and deal in and with machines, goods, wares, and merchandise of all kinds; to purchase, sell, lease and deal in inventions, patents, and processes, and in connection with its business of manufacturing, buying, selling, using, dealing in and with machines, goods, wares, and merchandise, patents, inventions, and processes, to construct, build, lease, own, and operate all necessary *356factories, shops, buildings and plants” the powers of the corporation are not such as to permit it to collect commissions for services rendered in procuring contracts for others even though those contracts involve such a subject-matter as would bring the contract within the corporation’s charter powers if it was making the contract itself, and even though the contract on Which the commission is claimed has been made in conjunction with and incident to a separate and distinct contract had by the corporation with the same party with which the other contract has been made.

*355Appeal from the Municipal Court of Chicago; the Hon. Dennis W. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Reversed.

Opinion filed May 15, 1918.

Statement of the Case.

Action by Auto Utilities Manufacturing Company, a corporation, plaintiff, against U. S. Blow Pipe & Dust Collecting Company, a corporation, defendant, to recover a commission on a contract between defendant and another. From a judgment for plaintiff for $120.75, defendant appeals.

Henry N. Miller, for appellant.

J. Edward Clancy, for appellee.

Mr. Justice Thomson

delivered the opinion of the court.