Illinois Appellate Court
Civil Court
Contracts
Court granted Defendant's Section 2-615 motion to dismiss, with prejudice, Plaintiff's complaint to recover damages as a third-party beneficiary to a contract which provided that the company later acquired by Defendant would retain a certified minority business enterprise (MBE) to complete 40% of a computer installation project; Plaintiff was listed as the MBE in a schedule attached to contract. Project was to supply computer equipment for McCormick Place West expansion project. Defendant clearly stands to benefit from the contract, and based on language of contract, the benefit was direct rather than incidental. Language of contract shows that McCormick intended to benefit the MBE listed in schedule, and Plaintiff thus alleged facts sufficient to state cause of action as third-party beneficiary of the contract. (O'BRIEN and LAVIN, concurring.)