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03/16/87 Harry Perlman, Indiv. and v. Westin Hotel Company

March 16, 1987

HARRY PERLMAN, INDI

v.

AND ON BEHALF OF ALL PERSONS SIMILARLY SITUATED, PLAINTIFF-APPELLANT,

v.

WESTIN HOTEL COMPANY, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

506 N.E.2d 1318, 154 Ill. App. 3d 346, 107 Ill. Dec. 263 1987.IL.312

Appeal from the Circuit Court of Cook County; the Hon. Richard L. Curry, Judge, presiding.

APPELLATE Judges:

JUSTICE O'CONNOR delivered the opinion of the court. BUCKLEY, J., concurs. PRESIDING JUSTICE QUINLAN, Dissenting.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE O'CONNOR

Plaintiff, Harry Perlman, individually and on behalf of all persons similarly situated, appeals from the order of the circuit court of Cook County granting defendant's, Westin Hotel Company's, motion to strike plaintiff's complaint and dismiss the cause with prejudice. We reverse and remand for further proceedings.

Defendant is a Washington corporation licensed to do business in Illinois. Defendant operated the Westin Hotel in Chicago, as well as two restaurants in the hotel, the Consort Room and the Chelsea. The Consort Room, located on the top floor of the hotel, was an expensive restaurant with an elegant atmosphere. The Chelsea, located on the ground floor, was also a high-priced restaurant, although not as deluxe as the Consort Room.

During 1983, defendant mailed promotions to plaintiff and other individuals, offering them membership in a dinner club. The letter stated as follows:

"Welcome to the Westin Dinner Club.

Your Westin Dinner Club Card will be honored at The Consort or Chelsea Restaurants for twelve visits over the next year, and we hope you will enjoy your new membership to it's fullest potential.

With the purchase of one dinner, the complimentary portion of your food check will be determined by dividing the total of the check by the number of people in the party and subtracting that amount from the total.

Restaurant reservations are always recommended and can be made by calling (312) 943-7200 and asking for the restaurant. The membership fee is $50.00 and the card expires one year from the date issued.

The Westin Dinner Club Card is valid in The Consort any Sunday through Thursday excepting Mother's Day, Easter Sunday, Thanksgiving and New Year's Eve. In the Chelsea Restaurant the card is valid seven days a week, including all holidays.

We are extremely pleased to have you as a Westin Dinner Club Member. Please come and visit us soon."

Upon accepting defendant's offer, plaintiff and others received a membership card containing the following language:

"WELCOME DINNER CLUB MEMBERS

Membership entitles you to one complimentary dinner when you purchase at least one other dinner. You are entitled to only one complimentary meal per membership at one time. The amount deducted for the complimentary portion will be calculated by dividing the total food check by the number of people in your party and subtracting the result from the food check. Membership expires one year from date issued. Not valid for alcoholic beverages, tips, taxes, etc. Gratuities are not included.

Card May Be Used In Either

THE CONSORT CHELSEA

restaurant

Not valid Friday and Saturday evening or Mother's Day, Easter Sunday, Thanksgiving, and New Year's Eve in The Consort. Your card will be honored for both lunch and dinner in the Chelsea Restaurant, seven days a week, including all holidays. North Michigan at Delaware, Chicago, Illinois 60611

Reservations: 943-7200"

Up until January 1984, plaintiff had used his dinner club card three times. At that time, he attempted to make reservations at the Consort Room, but was informed that defendant ...


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