Parties entered into agreement in which Defendant was to be exclusive sales representative of Plaintiff's products sold to Walmart. Plaintiff later sought to terminate agreement, and filed declaratory judgment complaint. Agreement was terminable at will as it was of indefinite duration. Court properly granted summary judgment for Plaintiff as to alleged violation of the Illinois Sales Representative Act in Defendants' counterclaims seeking unpaid commissions, on basis that Defendant was unable to prove its damages. Court properly granted summary judgment for Plaintiff's on Defendant's procuring cause claim in its counterclaim. Court properly granted Plaintiff's Section 2-615 motion to dismiss as to remaining counts of Defendant's counterclaims. (REYES and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Contracts