Tuesday, March 26, 2013

La Salle National Bank v. Mel Vega case brief

La Salle National Bank v. Mel Vega case brief summary
520 N.E.2d 1129

SYNOPSIS:Plaintiff challenged an order of the Circuit Court of Du Page County (Illinois), which granted defendants summary judgment on plaintiff's breach of contract claim.

OVERVIEW: Plaintiff brought suit against defendants alleging breach of contract. The basis of plaintiff's claim was a real estate sale contract. The purchasing agent for the purchaser signed the contract, but plaintiff did not. The trial court granted summary judgment for defendants on plaintiff's claims, finding that there were no genuine issues of material fact as to whether a contract was formed between plaintiff and defendants.

HOLDING:
On appeal, the court found that no contract was formed between plaintiff and defendants.

ANALYSIS:
-Since the contract required that plaintiff execute the agreement for acceptance, plaintiff's failure to execute negated the formation of an enforceable contract.
-While there was an offer, there was no acceptance according to the terms of the contract.
-Plaintiff admitted in its pleadings that the contract submitted was a true and correct copy of the contract.

RULES:
-An offeror has complete control over an offer and may condition acceptance to the terms of the offer.
-The language of an offer may moreover govern the mode of acceptance required, and, where an offer requires a written acceptance, no other mode may be used.

OUTCOME: The court affirmed the order granting defendants summary judgment; since plaintiff did not execute the contract as specified by its terms, there was no acceptance to constitute the formation of an enforceable contract.

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