Brenkman v. Belmont Marketing
Franchise seller appealed order rescinding franchise agreement, dismissing with prejudice franchise seller’s counterpetition, and awarding attorney fees to be paid to franchisee.
Court held that mechanics of agreement were equivalent to “franchise” within meaning of Franchise Disclosure Act, notice of intent to rescind sale was timely mailed, dismissal of counterclaim based on liquidated damage clause was appropriate, and franchise seller failed to preserve issue with respect to attorney fees. 410 N.E.2d 500, 87 Ill.App.3d 1060 (Ill. App. 3 Dist. 1980).
