Lyons Lumber and Building Center, Inc. v. 7722 North Ashland, LLC

Illinois Appellate Court
Civil Court
Guarantee
Citation
Case Number: 
2016 IL App (3d) 140487
Decision Date: 
Wednesday, July 13, 2016
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed.
Justice: 
SCHMIDT

(Court opinion corrected 7/14/16.) Plaintiff filed breach of contract action against Defendants who personally guaranteed the 2 loans each defendant LLCs made with Plaintiff.  Court entered default judgment against Defendants and granted Plaintiff's motion for summary judgment.  Court erred in granting Defendants' Section 2-1401 motion to vacate judgment, as Defendants failed to set forth specific facts showing existence of meritorious defense. Signing contract without an attorney, and not understanding nature of personal guaranty, are not defenses on facts of case.(McDADE, concurring; CARTER, dissenting.)