R. S. Bennett & Co., Inc. v. Economy Mechanical Industries, Inc.

PELL, Circuit Judge.

The plaintiff, R.S. Bennett & Co., Inc., appeals from the summary judgment entered in favor of the defendants, Economy Mechanical Industries, Inc. and Sam P. Wallace Company, Inc., on all three counts of its amended complaint. The major issues on appeal are, first, whether the defendants are entitled to the protection of the UCC sales statute of frauds, codified at Ill.Rev. Stat. ch. 26, § 2-201, and, second, whether, under Illinois law, the statute of frauds defense raised here precludes recovery on either a promissory or equitable estoppel theory. Because we are…