Contract Law - Failure to Revoke Agency Leads to Compensation For Agent

Harmon v. Gordon, Dist. Court, ND Illinois 2011 - Google Scholar

This is a contract law issue - the principal allegedly revoked the agent's authority before the term of the agency had been completed.


Under Illinois law, this constitutes a repudiation of the contract, and allows the dismissed agent to sue for damages.


The Court explained its holding as follows:


Under Illinois law, when a principal and an agent enter into a contract for a specific term, the principal may still revoke the agent's authority "at any time and under any circumstances." Lehman v. Eugene Matanky & Assoc. Inc., 438 N.E.2d 614, 619 (Ill. App. Ct. 1982). However, a principal who agreed to employ the agent for a certain length of time cannot revoke the agency "rendering himself legally liable for such damages." Kenilworth Realty Co. v. Sandquist, 371 N.E.2d 936, 939 (Ill. App. Ct. 1977). Such a revocation results in a repudiation of the principal's contractual obligations. Id. Here, LHA has alleged that Gordon agreed to use LHA's financial and consulting services on an exclusive basis for the entire duration of his NBA playing career, and that Gordon fired LHA while he was still an active player. Assuming, as we must, that these allegations are true, Gordon's premature revocation would constitute a breach of contract under Illinois law. Accordingly, dismissal of Count I is not warranted under Rule 12(b)(6).


Edward X. Clinton, Jr.