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eBook details

• Title: E.A. Cox Company v. Road Savers
• Author : First District, Fourth Division Appellate Court of Illinois
• Release Date : January 16, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

PRESIDING JUSTICE HOFFMAN delivered the opinion of the court: On June 1, 1993, the plaintiff, E.A. Cox Company, an Illinois corporation, filed a two-count complaint against the defendant, Road Savers International Corporation, a Michigan corporation, in the circuit court of Cook County. Count I of that complaint sought damages for breach of contract and count II sought damages for breach of implied warranty. Upon being served in Almont, Michigan, the defendant responded by filing a special appearance and a motion to quash service of summons contesting the court's in personam jurisdiction. On September 23, 1993, the trial court denied the defendant's motion to quash service. On October 29, 1993, the defendant filed its answer to the plaintiff's complaint along with what it characterized as seven ""affirmative"" defenses. On November 18, 1993, the plaintiff filed its motion seeking a summary judgment in the sum of $366,000 plus prejudgment interest. The defendant filed its response to the plaintiff's motion, the plaintiff filed a reply in further support, and the motion was heard on January 20, 1994. The trial court struck four of the defendant's affirmative defenses and entered a summary judgment in favor of the plaintiff on count I of its complaint in the sum of $366,000. On February 2, 1994, pursuant to the plaintiff's motion, the trial court entered an order permitting the plaintiff to voluntarily dismiss count II of its complaint. On February 17, 1994, the defendant filed its motion seeking a reconsideration of the order of January 20, 1994 and requesting that the court deny the plaintiff's motion for summary judgment. On March 1, 1994, the trial court denied the defendant's motion to reconsider and this appeal followed. The defendant has placed in issue the propriety of: (1) the trial court's order denying its motion to quash service of summons; and (2) the summary judgment entered against it. We will address each order separately.

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