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Rynearson v. Odin-svenson Development Corp.

APRIL 2, 1969.

G.S. RYNEARSON, D/B/A EMPLOYERS SERVICE BUREAU, PLAINTIFF-APPELLEE,

v.

ODIN-SVENSON DEVELOPMENT CORPORATION, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. WAYNE OLSON, Judge, presiding. Judgment affirmed.

MR. JUSTICE STAMOS DELIVERED THE OPINION OF THE COURT.

Plaintiff brought suit to recover $850 on an oral agreement to pay an employment agency fee. The trial court heard the case without a jury and entered judgment in favor of plaintiff. Defendant appeals from that judgment.

Harry I. Browning, office manager of plaintiff corporation, was the only witness to testify on behalf of plaintiff. Browning's entire testimony was admitted without objection, although the record is replete with objectionable testimony.

EVIDENCE

Testimony of Harry I. Browning, called by plaintiff:

One of the men in plaintiff's office, Mr. Sayerson, answered an advertisement which defendant had placed in one of the Chicago newspapers by mailing an "unidentified resume" to defendant. The day after the "unidentified resume" was mailed, Ernest Svenson on behalf of the defendant telephoned plaintiff in response to the "unidentified resume." Browning testified without objection as follows:

". . . Mr. Svenson called and asked for — that he was interested and wanted to see this man and asked for the identification.

"At this time Mr. Sayerson, with my knowledge, indicated to him that if he wanted to hire the man he would have to pay the agency fee and this personally was agreeable to Mr. Svenson because we then released the contact information to him. Now, that would include his name, address, phone number of the man, and confirmed it the same day in writing to him.

"Along with this information we included, by Mr. Svenson's request, a copy of our fee schedule which was sent on."

The letter of confirmation, written by Sayerson, dated December 28, 1965, in addition to furnishing the identity of Thomas Seddon, the party who was eventually hired by defendant, read:

"This letter is to confirm our phone conversation of December 28, 1965 A.M. pertaining to contact information that this applicant is. . . . I thank you very much for your interest and would appreciate to be informed on the outcome of negotiations."

After his interview with defendant, Seddon came to plaintiff's office and informed plaintiff that defendant did not wish to pay the placement fee and that he (Seddon) was financially unable to pay. Browning testified, without objection, to a telephone conversation initiated by Sayerson to Svenson and in which Seddon took part:

"In general the conversation was such as I have just repeated, that the man [Seddon] understands that the company [defendant] would not pay the fee now after previously agreeing to it and that the man [Seddon] wanted the job, but could not afford to pay the fee. At that time Mr. Seddon and Mr. Svenson talked on the phone, when Mr. Seddon hung up the phone he indicated to us that Mr. Svenson had agreed to take care of the fee for him and to come to work."

During the same telephone conversation Svenson protested that the placement fee was too high and made an offer of settlement. This ...


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