In Magna Bank v. Comer (1992), 274 Ill. App.3d 788, 600 N.E.2d 855, the plaintiff assignee of a motor vehicle retail installment contract sued the consumer defendant who had signed the contract as a "co-buyer," but who was not the spouse or parent of the person who had actual possession of the vehicle. ( Comer, 274 Ill. App.3d at 789.) The defendant sought to raise section 18 as a defense to the plaintiff's claim, asserting that he could not be primarily liable if he did not possess the car.

After consolidating the two actions, the circuit court granted defendant's motion to dismiss based on section 2-615 of the Code of Civil Procedure ( 735 ILCS 5/2-615 (West 1992)). The court found that under Magna Bank v. Comer, 274 Ill. App.3d 788 (1992), the plaintiffs' signatures on the contracts as buyers made them jointly liable with their friends who also signed as buyers, notwithstanding the allegations that plaintiffs, unlike their friends, never actually received the vehicles. The court stated in its memorandum of opinion that it was obligated to "follow the decision of the Fourth District [of the] Appellate Court [in Comer] if it applies since there is no First District decision on this issue."