Ortiz v. Forsythe, et al. and Rebaque v. Forsythe Racing, Inc.

This was a jury trial arising out of a claim that two Lamborghini sports cars belonging to Gary Leydig's clients (an Indy Race Car driver and his father) had been converted and stolen by their former business partners. The defendant counterclaimed and sought recovery of $205,000 for an alleged breach of the Indy Car racing contract that existed between the parties. The jury rendered verdicts in favor of Mr. Leydig's clients on all claims and counterclaims. In connection with a third Lamborghini automobile, Mr. Leydig obtained summary judgment for his clients prior to trial on the balance due under a purchase contract with one of the defendants. That judgment was appealed by the losing defendant. The appellate court affirmed the judgment in favor of Mr. Leydig's client. This appeal is of further note since it was the first time an Illinois appellate court had addressed the propriety of "set-offs" of unrelated claims under the Uniform Commercial Code.