Air Conditioning Training Corp. v. Majer
| Decision Date | 13 December 1944 |
| Docket Number | Gen. No. 42815. |
| Citation | 58 N.E.2d 294,324 Ill.App. 387 |
| Parties | AIR CONDITIONING TRAINING CORPORATION v. MAJER. |
| Court | United States Appellate Court of Illinois |
OPINION TEXT STARTS HERE
Appeal from Municipal Court of Chicago, Cook County; Wendell E. Green, Judge.
Action by Air Conditioning Training Corporation against John Majer to recover tuition for a correspondence course pursuant to a contract. From a judgment for defendant, plaintiff appeals.
Reversed and remanded with directions.Otto A. Kralik and Summer C. Palmer, both of Chicago, for appellant.
Albert H. Werner, of Chicago, for appellee.
This is an action by plaintiff to recover the tuition for a correspondence course in refrigeration and air conditioning pursuant to a contract with defendant under which, in consideration of defendant's paying tuition fees, he was to receive a course of training and other benefits. The court gave judgment for defendant because ‘plaintiff had not made out a case under the law of this State’.
The defendant answered, admitting the contract but claiming it was void for lack of mutuality; alleging that when the contract was made in October 1941, plaintiff had not complied with Section I of the Professional Manual and Mechanical Schools Act (Chapter 144, Par. 17a, Ill.Rev.Stats.), making unlawful after January 1, 1928, conduct of such schools without a certificate of the State Department of Registration and Education; alleging that plaintiff is a foreign corporation having no certificate of authority under section 102 of the Corporation Act (Chapter 32, Paragraph 157.102) to do business in this State; and that it is a foreign corporation without authority to maintain this action under Section 125 of the Corporation Act. Two questions are raised: First, whether plaintiff, a foreign corporation, may maintain the action; and second, whether the contract is valid.
From its answers to interrogatories it appears that plaintiff had no certificate from the State Department of Registration and Education and no certificate under Section 102 of the Corporation Act. At the trial plaintiff contended that its relations with defendant were interstate commerce business because ‘we have no property in this State and we have no legal representative in this State, nor do we have our name in the telephone book’. It was stipulated that plaintiff is located in Youngstown, Ohio; that its course of instructions were sent to defendant in the form of mimeographed sheets; that defendant was examined by plaintiff by way of printed examination sheets on which defendant wrote the answers; and that the answers were sent to plaintiff by defendant, corrected by it, graded and returned to him. From the deposition of plaintiff's secretary it appears that his duties were to pass on credits, prospective students and supervise correspondence from the students; that he approved defendant's credit and contract; received a down payment and one further payment; that the contract was accepted in Youngstown, Ohio, by plaintiff's president; that the contract was received in duplicate by plaintiff and a copy returned to defendant; that defendant received lesson material, answered three examinations, receiving an average grade of 98.3; that plaintiff has no branch office or mailing address in Illinois and that all its correspondence is handled from Ohio; and that plaintiff has always been able and willing to fulfill its contract. Defendant's case consisted of a number of exhibits, including text-books and examination sheets, correspondence, notices, etc. Answers to interrogatories further disclosed that defendant's credit under his contract was approved October 11, 1941, based on information given by plaintiff's representative and the defendant and references; and that the contract was plaintiff's usual printed form.
Defendant, having alleged that the plaintiff was ‘doing...
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...states, the school cannot properly be said to have an exclusive situs in one state.' To the same effect, Air Conditioning Training Corp. v. Majer, 324 Ill.App. 387, 58 N.E.2d 294; International Text-Book Co. v. Gillespie, 229 Mo. 397, 129 S.W. 922; annotation, 38 A.L.R.2d Petitioner asserts......
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