Plaintiff filed a complaint that was predicated on an alleged breach of a co-tenant agreement between defendant and a now defunct entity, the assets of which were purchased by the plaintiff pursuant to a bankruptcy court order. Plaintiff as the assignee in bankruptcy sought to enforce the contract, but as assignee was not a party to the contract and the contract was never assigned to the plaintiff. On appeal, plaintiff argued that the trial court erred when it dismissed the complaint by arguing that when the bankruptcy courts assigned plaintiff the joint lease, it by implication included the co-tenant agreement, and that an implied contract existed between plaintiff and defendant on terms identical to the co-tenant agreement. The appellate court affirmed, explaining that the parties did not have an express or implied contract and that one party cannot unilaterally impose the terms of a contract on another party. (NAVARRO, concurring and ODEN JOHNSON, dissenting)
Illinois Appellate Court
Civil Court
Contract Law