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McALEER BUICK-PONTIAC CO. v. G.M. CORP.

No. 16855.

95 Ill. App.3d 111 (1981)

419 N.E.2d 608

McALEER BUICK-PONTIAC CO., Plaintiff-Appellee, v. GENERAL MOTORS CORPORATION, PONTIAC MOTOR DIVISION AND BUICK MOTOR DIVISION, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed April 2, 1981.

Attorney(s) appearing for the Case

Robert W. Hallock and Philip S. Beck, both of Kirkland & Ellis, of Chicago, and Otis M. Smith, Michael J. Basford, Robert Culver, and Charles E. Fairfax, III, all of Detroit, Michigan, for appellant.

David J. Griffin and Rhoda Elvove Markovitz, both of David J. Griffin & Associates, of Chicago, and Gil Garman, of Sebat, Swanson, Banks, Lessen & Garman, of Danville, for appellee.

Reversed and remanded.

Mr. JUSTICE MILLS delivered the opinion of the court:

Can the Illinois Motor Vehicle Franchise Act be applied retroactively to a contract in existence at the time of the Act's adoption?

No.

We reverse.

In 1955, McAleer Buick-Pontiac Company (McAleer) and General Motors Corporation (GMC) entered into a franchise agreement whereby McAleer became GMC's authorized Buick-Pontiac dealer in the Danville area....

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