dissenting:
The majority opinion determines that there was a parol agreement to arbitrate. An oral agreement to arbitrate must be clearly established. Koon v. Hollingsworth, 97 Ill 52.
This record does not support the requisite clear oral agreement of the parties to arbitrate the dispute at issue. Throughout several pages of colloquy between the parties and the committee, defendant insisted on preserving his right to litigate the fact of indebtedness. The record shows that the defendant agreed to be bound by the discipline of the Bylaws through the operation of the Ethics Committee, i. e., that the defendant might be subject to expulsion from the Board. There is extended discussion of the fact that such expulsion would injure the plaintiff as an employee, but that such discipline would not affect the defendant in the conduct of his own business. In the context of the extended discussion concerning defendant’s right to litigate, and the effect of expulsion from the Board, the record does not support the view that the defendant reversed his position in the one sentence quoted by the majority. Defendant’s last recorded statement prior to the words now taken to be controlling was that there had been a fair settlement.
This view is sustained by the affidavit of one Gusteen, who chaired the meeting, which specifically states the understanding of all parties participating to be that there was a reservation of right in either the defendant or plaintiff to litigate the dispute concerning the commission. Again, it is significant that there is no pretense that the reported procedures complied with either the Bylaws of the Board relating to arbitration, or the statute, c 10, § 101, Ill Rev Stats 1967.