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eBook details

• Title: Soderstrom v. Rock Riv. Vall. Pigeon Club
• Author : Illinois Appellate Court — Third District Affirmed in Part and Reversed in Part
• Release Date : January 09, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This appeal arose from a contract action in which the Midwest Prairie Invitational Partnership, engaged in the business of transporting homing pigeons to and from races and calculating the results of races, sued the Rock River Valley Pigeon Club, Inc. (the Club), for breach of contract. The complaint contained two counts; (1), that an oral contract existed to which the defendant raised as a defense to enforcement, the Statute of Frauds and (2), a written contract. The judge of the circuit court of Tazewell County dismissed both counts of plaintiff's second amended complaint. We do not agree that the complaint should have been dismissed as to the written contract because plaintiff's complaint alleged sufficient facts to find that a written contract existed between the parties. The second amended complaint alleged that on April 20, 1981, plaintiffs mailed a signed copy of the contract to the defendant. The contract was signed by the officers of the Club and plaintiffs were notified by phone that the contract was signed. All facts well pleaded in the complaint must be taken as admitted in deciding whether plaintiffs' complaint stated a cause of action. (Martin-Trigona v. Bloomington Federal Savings & Loan Association (1981), 101 Ill. App.3d 943, 428 N.E.2d 1028.) We believe that the complaint stated the existence of a signed written contract.

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