Friday, December 27, 2013

Gross Valentino Printing Co. v. Clarke case brief

Gross Valentino Printing Co. v. Clarke case brief summary
458 N.E.2d 1027 (1983)

Defendant publisher sought review of a decision in the Circuit Court of Cook County (Illinois), which granted summary judgment in favor of plaintiff printer in an action by the printer for breach of contract.

The printer and the publisher entered into a contract for the printing of the publisher's materials by the company. The printer later told the publisher that the cost would be increased and the publisher made no objection. The printer proceeded to complete the work and after the publisher accepted the entire shipment of the printed materials, the publisher informed the printer that it would not accept the price increase. The printer filed suit for breach of contract against the publisher. The publisher asserted the defenses of lack of consideration, fraudulent or innocent misrepresentation, and business compulsion. The printer made a motion for summary judgment, which was granted by the trial court. The publisher appealed.


  • On appeal, the court affirmed and held that to state a cause of action for fraud defendant must have alleged a false statement of material fact by plaintiff, which plaintiff knew or believed was false, made with intent to induce defendant to act, upon which defendant justifiably relied, and which resulted in damage to defendant. 
  • Furthermore, the court held that a bare allegation of legal duress was not sufficient even as an allegation of ultimate fact.

The court affirmed the summary judgment in favor of the company.

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