R&J Construction v. Javaras, 2011 WL 10069461, an unpublished and dated opinion, still holds practical value for its discussion of the judicial notice rule, breach of contract pleading requirements and a limited liability company member’s insulation from liability for corporate debts. The plaintiff sold about $70K worth of construction materials to a concrete company associated …
Tag Archives: agent of disclosed principal
Commercial Frustration and the Impossibility Defense: The Case of the Missing Bentley
Illinois agency rules, consumer fraud law and the commercial frustration doctrine are the focal points of Tahir v. DMI, 2014 WL 985351 (N.D. Ill. 2014), a case involving the purchase of an undelivered Bentley. The plaintiff sued multiple car dealer defendants for breach of contract and consumer fraud after he paid over $100,000 for a car he never received. The …
Agent of Disclosed Principal in Contract Litigation (Is It A Corporate Or a Personal Obligation?)
Sometimes it’s difficult to determine who the contracting parties are. A common example is where the contract text names the parties are two corporations but it’s signed by an individual. Or, the contract signer clearly notes his corporate affiliation (by stating his job title) next to his signature, but the body of the contract states that …