May Court Reduced Breach of Contract Damages Despite Substantial Performance ?
In W.E. Erickson Construction, Inc. v. Congress-Kenilworth Corp., 132 Ill. App. 3d 260, 266, 477 N.E.2d 513, 518, 87 Ill. Dec. 536 (1985) the trial court found a breach of contract by the defendant and substantial performance by the plaintiff, but greatly reduced the damages to which the plaintiff was entitled.
The appellate court found that the trial court apparently proceeded under a theory of quantum meruit, despite having dismissed the plaintiff's claim under that theory. Erickson, 132 Ill. App. 3d at 266, 477 N.E.2d at 518. Accordingly, the appellate court remanded the case for a proper determination of damages under a theory of substantial performance of the contract.
The ruling was later affirmed by our supreme court. Erickson, 115 Ill. 2d at 128, 503 N.E.2d at 237.