Libby-Broadway Drive-In, Inc. v. McDonald's System, Inc.

Plaintiffs appeal from an order of the circuit court of Cook County granting defendants’ motion for summary judgment on both counts of plaintiffs’ third amended complaint. The trial court found the alleged oral agreement which formed the basis of count I to be unenforceable as a matter of law. As to count II, the court found that defendants did not grant a franchise to a third party to operate a restaurant within the exclusive territory granted to plaintiffs.

The parties are as follows: plaintiffs are Libby-Broadway Drive-In, Inc., and four individuals who are or were formerly shareholders in…