The would-be tax deed buyer in Wheeler Financial, Inc. v. Law Publishing Co., 2018 IL App (1st) 171495 claimed the publisher defendant’s erroneous sale date in a required tax sale notice thwarted its purchase of a pricey Chicago property. A jury found for the publisher defendant on the buyer’s breach of oral contract claim since …
Tag Archives: course of dealing
Course of Dealing Leads to Implied-In-Fact Contract Judgment in Construction Spat – IL First Dist.
While a signed agreement is almost always preferable to an oral one, the absence of a writing won’t always doom a breach of contract action. Trapani v. Elliot Group, Inc., 2016 IL App (1st) 143734, examines what happens when parties don’t sign a contract but still act as if an agreement exists. In a construction …
Missing “Course Of Dealing” Evidence Dooms Wedding Dress Seller on Summary Judgment – IL ND
In a Memorandum Opinion and Order that quotes Neil Sedaka and Taylor Swift in its footnotes, the District Court in House of Brides, Inc. v. Angelo, 2016 WL 698093 (N.D.Ill. 2016), examines the quantity and quality of evidence required to win a summary judgment motion. The plaintiff sold wedding clothes on-line and in retail stores and …