Chalek v. Klein

550 N.E.2d 645 (Ill App. Ct. 1990)

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Nature of the Case

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Facts

P operates a sole proprietorship in Oak Brook, Illinois, and sells computer software system for use by commodities traders. Lee (D1), a California resident, and D, a New York resident, both ordered the software system. D1sent Pa check for $3,500; D's company, Mattco Equities, Inc., sent plaintiff a check for $3,000. After receiving the software, D1 and D decided it was not satisfactory, returned it to P, and stopped payment on the checks. P sued, and D1 was served with summons at a California address, and D was served at a New York address. Ds filed motions to dismiss for lack of personal jurisdiction. D1's affidavit states that he read an advertisement for P's software system in a magazine while he was in California and called and placed a telephone order. The affidavit states further that D1 was a California resident at all relevant times, had never worked or lived in Illinois, and had no assets in Illinois. D's affidavit states that he read about plaintiff's product in a commodities magazine in New York. D placed a telephone call to plaintiff and inquired about the software and got materials in the mail. After receiving these materials, D placed another phone call to P in order to find out further information. D then mailed in the order form and a check for $3,000 to P's office in Illinois. D got the software and determined that it did not function satisfactorily. He returned the software to P and stopped payment on the check. The trial court concluded that Ds were not subject to the in personam jurisdiction of the Illinois courts and dismissed plaintiff's complaints. P appealed.