Court properly entered judgment for $257,765 in favor of general contractor and against real estate developer. Contracts implied in fact arise from promissory expression that may be inferred from facts that show parties' intent to be bound. Thus, existence of contract implied in fact is a question for trier of fact to decide, and court's finding that contract existed is not against manifest weight of evidence. Plaintiff was paid in excess of $18 million by Defendant for its work on other construction projects performed under unsigned draft contracts, as was the case here. Defendant did not reject Plaintiff's work or instruct Plaintiff to cease work at any time. Given ample evidence showing Defendant did not disclose its agency relationship to Plaintiff, court reasonably concluded Defendant is personally liable on contract implied in fact. (LAMPKIN and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Construction Contracts