Appellate Court of Illinois

In a suit concerning commissions paid by plaintiff to defendant pursuant to contract alleging defendant's breach of the modified agreement, judgment in favor of plaintiff is affirmed over claims that: 1) section 10.2 of the modified agreement operates as an unenforceable restrictive covenant; 2) the modification is unenforceable because it was not supported by consideration; 3) plaintiff cannot retroactively enforce section 10.3 of the modified agreement to commissions already earned; and 4) plaintiff did not act in "good faith and fair dealing" when it set the "excessive" prepayment rate under section 10.3 of the modified agreement at 50% or more.

Appellate Information

• Decided 10/29/2007
• Published 11/05/2007

Judges

Court

• Appellate Court of Illinois

Counsel