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10/06/87 Joyce A. Fischer, v. Lois Mann Et Al.

October 6, 1987

JOYCE A. FISCHER, PLAINTIFF-APPELLANT

v.

LOIS MANN ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

514 N.E.2d 566, 161 Ill. App. 3d 424, 112 Ill. Dec. 903

Appeal from the Circuit Court of Winnebago County; the Hon. Daniel D. Doyle, Judge, presiding. 1987.IL.1507

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. HOPF and WOODWARD, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

This is an appeal from an order of the trial court granting a motion by defendants, Lois Mann and F. Fred Mann, to dismiss the first amended complaint (complaint) of plaintiff, Joyce A. Fischer, concerning a purported rental agreement. The agreement was found to be unenforceable pursuant to section 2 of "An Act to revise the law in relation to frauds and perjuries" (Statute of Frauds) (Ill. Rev. Stat. 1985, ch. 59, par. 2). We affirm.

The record was filed on July 14, 1987, and we note that pages 15, 17, 21, 27, 29, and 32 are missing. Most notably missing is the final page of the complaint. As a result, there is no record before this court of the relief requested in what appears to be a one-count complaint. The very nature of an appeal dictates that the reviewing court have a sufficient record before it to determine if the error claimed by the appellant exists. (Walker v. Iowa Marine Repair Corp. (1985), 132 Ill. App. 3d 621, 624.) The burden rests on the appellant to provide a sufficient record to support the claim of error, and in the absence of such a record, the reviewing court will presume that the trial court's order was in conformity with established legal principles and had a sufficient factual basis. (Foutch v. O'Bryant (1984), 99 Ill. 2d 389, 391-92.) In the present case, the incomplete record supplied to this court may have omitted certain matters before the trial court upon which the trial court relied. Any doubts arising from the completeness of the record are resolved against the appellant. (99 Ill. 2d 389, 392.) Affirmance is dictated if the record omits crucial facts. Rosenblatt v. Michigan Avenue National Bank (1979), 70 Ill. App. 3d 1039, 1042.

The complaint alleges that on May 23, 1986, plaintiff filled out a standard form captioned "Application for Rental" for the premises described as 4236 Lori Drive, located in Rockford, Illinois. The application was addressed to F. Fred and Lois Mann. A copy of the application is attached to the complaint. The term originally stated on the application was from August 1, 1986, to August 1, 1988. The parties agree that at some time between May 23, 1986, and July 28, 1986, one of defendants altered the application to change August 1, 1986, to read August 9, 1986.

The application contained the following final clause:

"I have deposited on account, $500.00, which is to be forfeited if lease is not signed and balance of first month's rent paid within 3 days after notice of acceptance is mailed to me at address given below. Deposit to be refunded if references are not satisfactory or application rejected."

The above language of the application was followed by plaintiff's signature and address. Defendants did not sign the application.

Plaintiff tendered a $500 check to defendants. The check was attached to the complaint as an exhibit. The check was payable to Lois Mann and endorsed by her. Contrary to the allegations of the complaint, the signature of F. Fred Mann does not appear on the check. The check was subsequently deposited in a bank account.

Additional allegations of the complaint are as follows:

"7. On several occasions between May 23, 1986 at [ sic ] July 28, 1986, Defendants made oral statements to Plaintiff and engaged in conduct which unequivocally indicated that Plaintiff's offer to rent the ...


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