Rohr Burg Motors, Inc. v. Kulbarsh

Illinois Appellate Court
Civil Court
Contracts
Citation
Case Number: 
2014 IL App (1st) 131664
Decision Date: 
Monday, August 25, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Dispute between buyer of allegedly damaged used car and dealership. Written agreement evidences parties' intention that payment of $21,802 to buyer and rescission of original purchase served as consideration for buyer's release of claims against dealership. A release applies to claims intended to be released, but will not be construed to include claims not within contemplation of parties. Dealership filed suit alleging that buyer failed to return vehicle. Release barred buyer's counterclaims against dealership.(HOFFMAN and DELORT, concurring.)