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November 14, 1997


Appeal from the Circuit Court for the 10th Judicial Circuit, Tazewell County, Illinois. No. 93--L--136. Honorable Donald C. Courson Judge, Presiding.

Released for Publication December 23, 1997.

Present - Honorable Tom M. Lytton, Presiding Justice, Honorable Peg Breslin, Justice, Honorable John F. Michela, Justice. Justice Breslin delivered the opinion of the court. Lytton, P.j., and Michela, J., concur.

The opinion of the court was delivered by: Breslin

The Honorable Justice BRESLIN delivered the opinion of the court:

At issue is whether a complaint based on several oral credit agreements is barred by the Illinois Credit Agreement Act (Act), 815 ILCS 160/0.01 et seq. (West 1996), which prohibits recovery unless a credit agreement is in writing. We hold that the trial court properly found that the Act precluded the debtors' action even though the complaint alleged that the debtors fully performed their obligations. Accordingly, we affirm.


In January 1995, the plaintiffs, Machinery Transport of Illinois (MTI), Dennis LaHood, Anthony LaHood, Jr. and Martha LaHood, filed a six-count complaint against defendants Morton Community Bank (Bank) and Gordon Honegger, the Bank's chairman of the board. The complaint included counts for breach of contract, interference with contractual relationships, invasion of privacy/false light, deceptive business practices and fraud. The complaint alleged that in 1991, MTI, which was a long-standing customer of the Bank, made a request that the Bank allow MTI to pay interest only on its outstanding indebtedness. Honegger agreed to grant MTI's request if Martha LaHood, the mother of the owners of MTI, would pledge her stock in the Bank as additional security for the outstanding loans. In addition, Honegger agreed that when a labor strike at Caterpillar, Inc. ended, the Bank would release Martha's stock and grant MTI a $100,000 line of credit secured by a mortgage on MTI's building. These agreements were not reduced to writing. Thereafter the Bank held Martha's stock, and MTI only paid interest on its outstanding indebtedness. When the strike ended, however, Honegger refused to release the stock and refused to grant MTI the additional line of credit.

MTI also alleged that in April 1992, Dennis LaHood, one of its owners, met with Jean Honegger, a Bank officer. He inquired about obtaining short term loans to cover checks that had been written on MTI's account at the Bank. Jean promised that the checks would be honored if MTI paid a $15 per check overdraft fee. This agreement was not in writing, and despite the promise, the Bank dishonored the checks. Thereafter, Dennis met with the president of the Bank in July, 1992, and advised him that MTI needed to write several checks for which it did not have funds. The president assured Dennis that the checks would be honored, but the Bank selectively dishonored several important checks. This agreement was not reduced to writing. Furthermore, the Bank placed a sign in its window that advised customers that MTI checks would be honored. The plaintiffs complained that the sign conveyed to the public that MTI's credit was not generally acceptable.

The defendants responded to the complaint by filing a motion to dismiss pursuant to 735 ILCS 5/2--615 (West 1996) and 5/2--619 (West 1996), asserting that the claims were barred by the Act because the agreements were not reduced to writing. The trial court agreed and dismissed four of the counts, leaving only the breach of contract and fraud counts. Thereafter, the trial court concluded that the remaining counts were also barred by the Act and granted summary judgment in favor of the defendants. This appeal followed.


The sole issue on appeal is whether MTI's complaint is barred because the agreements upon which the complaint is based are not in writing pursuant to the Illinois Credit Agreement Act.

Summary judgment should be granted only when the pleadings, depositions, and affidavits reveal there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Bellerive v. Hilton Hotels Corp., 245 Ill. App. 3d 933, 615 N.E.2d 858, 186 Ill. Dec. 54 (1993). The appellate court reviews orders granting summary judgment de novo. Nordness v. Mitek Corp. Surgical Products, Inc., 286 Ill. App. 3d 761, 677 N.E.2d 19, 222 Ill. Dec. 206 (1997). A motion to dismiss admits all facts well-pleaded in the plaintiff's complaint. Village of Riverwoods v. BG Ltd. Partnership, 276 Ill. App. 3d 720, 658 N.E.2d 1261, 213 Ill. Dec. 240 (1995). As with summary judgment, this court's review of the dismissal of a complaint is independent of the trial court's judgment. Lawson v. City of Chicago, 278 Ill. App. 3d 628, 662 N.E.2d 1377, 215 Ill. Dec. 237 (1996).

In relevant part, the Act provides:

"A debtor may not maintain an action on or in any way related to a credit agreement unless the credit agreement is in writing, expresses an agreement or commitment to lend money or extend credit or delay or forbear repayment of money, sets forth the relevant terms and conditions, ...

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