Appeal from the Circuit Court of Williamson County. No. 13-SC-1083. Honorable Carolyn B. Smoot, Judge, presiding.
The trial court's dismissal of plaintiff's action under the Illinois Breach of Promise Act to recover from her former fiancé the money spent in preparing for the wedding that never occurred was reversed and the cause was remanded for further proceedings, since the fact that the money constituted gifts funneled to plaintiff through her parents' bank and credit card accounts did not bar her cause of action.
For Appellant: Roman A. Basi, Attorney at Law, Marion, IL.
For Appellee: Winston C. Throgmorton, Attorney at Law, Marion, IL.
JUSTICE SCHWARM delivered the judgment of the court, with opinion. Justices Welch and Chapman concurred in the judgment and opinion.
S. Gene Schwarm, J.
[¶1] The plaintiff, Autum Adkins, filed an action in the circuit court of Williamson County against her former fiancé , Eric Edwards, pursuant to Illinois's Breach of Promise Act (the Promise Act) (740 ILCS 15/0.01 et seq. (West 2012)). The circuit court dismissed the plaintiff's action, finding that it was barred by affirmative matter defeating the claim (735 ILCS 5/2-619(a)(9) (West 2012)). For the following reasons, we reverse and remand.
[¶3] On December 27, 2013, the plaintiff filed her complaint for breach of promise to marry pursuant to the Promise Act (740 ILCS 15/0.01 et seq. (West 2012)). In her complaint, the plaintiff alleged that on September 30, 2011, the defendant had proposed marriage to the plaintiff, he had presented her with an engagement ring, and they had promised to marry each other. The plaintiff alleged that the marriage ceremony and wedding reception were scheduled for September 28, 2013. The plaintiff alleged that, in reliance on the defendant's promise to marry her, she made numerous purchases and nonrefundable deposits in anticipation of the wedding and incurred costs of $9,806.07.
[¶4] The plaintiff further alleged that on September 19, 2013, days before the wedding ceremony, the plaintiff learned that the defendant was having a relationship with a female coworker and that, as a result of the defendant's conduct, he breached his promise to marry her. The plaintiff attached to her complaint a " Wedding Expense Log" showing a list of wedding expenses totaling $9,806.07. This log referenced bank and credit cards used for payment of the expenses. The plaintiff thereafter sent the defendant notice of her intention to commence a breach of promise to marry action and demanded payment of the incurred expenses, which the defendant refused.
[¶5] On March 31, 2014, the defendant filed a motion to dismiss the ...