The plaintiffs in Byram v. Danner, 2018 IL App (4th) 170058-U, sued after their planned purchase of a Remax real estate franchise imploded. The plaintiffs missed an installment payment and the defendants responded by cancelling the agreement. Plaintiffs then filed a flurry of tort claims including fraud and tortious interference with contract. Plaintiffs’ fraud count …
Tag Archives: Illinois law
Saying “I Wasn’t Served” Not Enough to Challenge Service Return On Corp. Registered Agent – IL Law
In Charles Austin, Ltd. v. A-1 Food Services, Inc., 2014 IL App (1st) 132384, the First District affirmed the denial of a corporate defendant’s Section 2-1401 motion to vacate a judgment. About three months after judgment, the defendant sought to vacate the judgment claiming it was never served with the lawsuit. The trial court denied …
Serving The Corporate Defendant – An IL Case Note
(Photo credit: www.corbusimages.com) This case piqued my interest since I recently spent an obscene amount of time trying to serve a defendant in a commercial lease dispute. It wasn’t until after my process server gave sworn testimony for nearly an hour at an evidentiary hearing that the court finally (and mercifully) put the service issue to bed and allowed …
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