Avon Hardware Co. v. Ace Hardware Corp.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 130750
Decision Date: 
October 28, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Justice: 
HOFFMAN
Holding: 
Affirmed.
Court properly dismissed complaint alleging common law and statutory fraud based on allegedly misleading historical data as to performance of existing stores in parties' franchise agreement. Fraud is based on false statement of fact, not of opinion as to projected sales data. Plaintiffs failed to allege required elements of materiality and reasonable reliance, and cautionary language in documents renders any reliance unreasonable. (CONNORS and CUNNINGHAM, concurring.)