From our private database of 13,000+ case briefs...
Gross Valentino Printing Co. v. Clarke
Appellate Court of Illinois, First District, First Division
458 N.E.2d 1027 (1983)
Clarke (defendant) is a publisher of a magazine. Gross Valentino Printing Co. (Gross) (plaintiff) is a printer. In July of 1979, Gross sent Clarke a letter offering to print 15,000 copies of Clarke’s magazine for $6,695.00. Clarke accepted this offer and began working with Gross on the layout of the magazine. Due to problems arising with the layout, Gross was required to send the print job out to a third party. This increased the total cost of printing to $9,300.00. Gross sent Clarke a letter on August 15, 1979 advising Clarke of this fact. Clarke made no objection to the price increase at that time. On August 30, 1979, Gross delivered the first 5,000 magazines to Clarke. Clarke signed the purchase order reflecting the new price and paid Gross $4,650.00. Gross later delivered the remaining 10,000 magazines to Clarke. On October 28, 1979, however, Clarke informed Gross that he would not accept the price increase and refused to pay the remaining balance. Gross brought suit against Clarke in Illinois state court alleging breach of contract. Clarke raised three affirmative defenses: lack of consideration, fraudulent or innocent misrepresentation, and business compulsion. The trial court granted summary judgment for Gross on the three defenses and awarded Gross $5,116.20. Clarke appealed. The appellate court considered the trial court’s grant of summary judgment for Gross on Clarke’s first and third affirmative defenses (lack of consideration and business compulsion).
Rule of Law
Holding and Reasoning (Goldberg, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 129,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 177 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.