Breach of contract action involving purchase and sale of a math tutoring franchise. After bench trial, court found that Defendant wrongfully terminated the purchase contract but that Plaintiff was precluded from collecting damages because of its complete failure to mitigate its losses. Court properly applied doctrine of avoidable consequences. Plaintiff could have avoided all of its damages if they had accepted Defendant's offer to reinstate the APA. Plaintiff attached a condition that was so onerous that it killed the transaction and then tried to selling the franchise at a higher price but closed the business voluntarily, for personal reasons. Plaintiff had an obligation to sell the franchise at whatever price she could. Court's finding that Plaintiff made no reasonable efforts to mitigate its damages was not against manifest weight of evidence. (HUDSON and SCHOSTOK, concurring.)
Illinois Appellate Court
Civil Court
Breach of Contract