Rico Industries, Inc. v. TLC Group, Inc.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (1st) 131522
Decision Date: 
February 7, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
GORDON
Holding: 
Certified question answered; order reversed and remanded.
Parties entered into agreement for exclusive sales of products to Wal-Mart, with provision that contract may only be terminated by written agreement of both parties. Agreements terminable only by mutual agreement of parties are contracts of indefinite duration and thus terminable at will. A sales representative agreement terminable only on mutual agreement of parties is not sufficiently definite in duration and is thus terminable at will. (PALMER and TAYLOR, concurring.)