Omnitrus Merging Corp. v. Illinois Tool Works, Inc.

Plaintiff, Omnitrus Merging Corporation, brought an action seeking rescission, indemnification, and damages against defendant, Illinois Tool Works, Inc., for defendant’s alleged fraudulent misrepresentations and breach of certain warranties in relation to a merger agreement entered into between the parties. The trial judge granted defendant’s motion for summary judgment (Ill. Rev. Stat. 1991, ch. 110, par. 2 — 1005 (now 735 ILCS 5/2 — 1005 (West 1992))) on the grounds that indemnification was plaintiff’s exclusive remedy under the contract, that plaintiff’s action was barred by the…