Illinois Appellate Court
Civil Court
Contracts
Court erred in granting summary judgment for Defendants and dismissing with prejudice action of Plaintiff, a collector of historic Mormon artifacts, for breach of contract and specific performance regarding historic Mormon stones he was promised in exchange for his donation of a religiously significant painting to Mormon church. There was no accord and satisfaction, as there is no evidence that a new offer was ever presented to the plaintiff, who was denied the stones. Court erred in granting summary judgment on a theory of rescission, as Defendants did not raise that theory until their motion for reconsideration. (McDADE, concurring; WRIGHT, specially concurring.)