Slates v. International House of Pancakes, Inc

Slates v. International House of Pancakes, Inc., 90 Ill. App. 3d 716, 725, 413 N.E.2d 457, 46 Ill. Dec. 17 (1980), the agreement between the parties provided that they were to be independent contractors. Nonetheless, the court looked beyond that provision to the whole agreement between the parties to determine whether an agency relationship existed. The court found the right to control necessary to establish an agency relationship lacking despite the franchisor's power to promulgate operational procedures manual, franchisor's training and supervision of franchisees, quality control, record keeping, periodic inspections, appearance of the premises and hours of operation, employees' appearances and demeanor. Slates, 90 Ill. App. 3d at 726-27.