Bentley v. Slavik case brief summary663 F.Supp. 736 (1987)
CASE SYNOPSISPlaintiff buyer brought an action against defendant sellers for misrepresentations in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, Ill. Rev. Stat. chs. 121 1/2, 121, paras. 251-272, 312 (1983), breach of contract, and mutual mistake.
The buyer purchased a violin from the sellers. The sellers represented that the violin was a genuine Bernardel violin and gave the buyer a certificate that estimated that the violin was authentic. The buyer brought an action when she discovered the violin was not authentic.
- The court found in favor of the sellers for the buyer's claims brought under the Illinois Consumer Fraud and Deceptive Trade Practices Act, Ill. Rev. Stat. chs. 121 1/2, 121, paras. 261-272, 312 (1983), because the seller was not in the business of selling violins and the misrepresentation was not willful.
- The court entered judgment in favor of the buyer on her breach of contract claim because it was clear that there existed a basic assumption that the transaction concerned a Bernardel violin, that a warranty was created by the sellers, and that when a Bernardel violin was not delivered the contract was breached.
The court entered judgment in favor of the sellers in the buyer's action for misrepresentation. The court entered judgment in favor of the buyer in the buyer's breach of contract action.
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