Klubeck v. Division Medical X-Ray, Inc.

PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Plaintiff appeals from a judgment in a bench trial finding that the agreement upon which he based his breach of contract action (the Agreement) violated section 11 — 3 of the Illinois Public Aid Code (Ill. Rev. Stat. 1979, ch. 23, par. 11 — 3) (the Code) and was therefore void. On appeal, he contends that there was no such violation because the agreement (1) created a security interest, (2) contained an assignment, and (3) had portions which were severable and enforceable.

Only count I of the amended complaint is involved in this…