George F. Mueller & Sons, Inc. v. Northern Illinos Gas Co.

Plaintiff appeals from a judgment of the circuit court in favor of defendant.

The facts are summarized. On November 17,1969, plaintifFs authorized agent, L. H. Smith, signed a contract on behalf of plaintiff to install, service and maintain vending machines on the premises of defendant.

An employee of defendant, Kenneth Schmitz, signed the contract in his own name under the heading “(Individual) Proprietor.” The space for signing as “(Corporation) Proprietor” was left blank. L. H. Smith wrote “Northern Illinois Gas Co.” on the blank entitled “Trade Name.” Plaintiff installed the machines and…