Direct Energy Business, LLC v. City of Harvey

Illinois Appellate Court
Civil Court
Breach of Contract
Citation
Case Number: 
2021 IL App (1st) 200629
Decision Date: 
Tuesday, May 18, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
COBBS

Dispute over payment for electricity provided to City by Plaintiffs, which filed complaint for breach of contract and quantum meruit after City refused to pay for some of the electricity it was provided. Court erred in granting summary judgment for Plaintiffs on breach of contract claim and ordering City to pay in excess of $1 million. Breach of contract claim fails, as Plaintiffs failed to present evidence that it formed a valid and enforceable contract to provide City with electricity. Claim for quantum meruit fails because its agreement was signed only by a municipal employee without authority to bind the City, so that contract was void rather than voidable. (FITZGERALD SMITH and PUCINSKI, concurring.)