A common cautionary tale recounted in 1L contracts classes involves the crafty debtor who secretly short-pays a creditor by noting “payment in full” on his check. According to the classic “gotcha” vignette, the debtor’s devious conduct forever bars the unwitting creditor from suing the debtor. Whether apocryphal or not (like the one about the newly …
Tag Archives: Porvaznik
‘It Ends When I Say So!’ – Automatically Renewing Contracts in Illinois
My early experiences with automatic contract renewals weren’t warm and fuzzy ones. Growing up, I recall Columbia House’s ageless pitchman Dick Clark breathlessly hawking “13 tapes for a dollar!” (or was it a penny?) offers across the pre-cable television airscape. I’d frantically sign up, the cassettes would soon arrive and – for a while, at least – …
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Anticipatory Repudiation: Illinois Court Examines Doctrine in Real Estate Distpute
The home sellers’ failure to plead the buyers’ anticipatory repudiation of a real estate contract spelled defeat in Kelly v. Orrico, 2014 IL App (2d) 130002, a recent Second District case. In Kelly, the plaintiffs and defendants – who happened to be friends and neighbors (they lived on the same street) – entered into a real estate contract for plaintiffs …