Plaintiff filed a three-count complaint against defendant alleging breach of contract, breach of implied-in-fact contract, and violation of the Motor Vehicle Franchise Act. The trial court dismissed the complaint in its entirety with prejudice pursuant to defendant’s 2-615 motion to dismiss and plaintiff appealed. The appellate court affirmed, finding that the contract in question was not canceled or terminated, but rather expired pursuant to the terms of the contract, and that the facts in the complaint did not establish a “meeting of the minds” required to establish the existence of an implied-in-fact contract, and that the defendant could not have violated section 4(b) of the Motor Vehicle Franchise Act where there was not a valid contract between the parties. (BRENNAN and BIRKETT, concurring)
Illinois Appellate Court
Civil Court
Breach of Contract