James Coates Motors, Inc. v. Avis Rent-A-Car System, Inc.

This is an appeal from an order of the Circuit Court of Cook County granting the plaintiff’s motion for judgment on the pleadings. In its complaint the plaintiff alleged that on or about March 30, 1972, it purchased a certain automobile from the defendant, that with the express and/or implied consent and permission of the defendant it left this automobile in the defendant’s care, custody and control, and that on April 3, 1972, it demanded the vehicle’s return, but the defendant failed, was unable and/or refused to deliver it.

The defendant filed an answer and affirmative defense and, later, an…