Opinion
No. 01 C 5878
October 19, 2001
MEMORANDUN ORDER
In response to this Court's October 2, 2001 memorandum order, counsel for Plastech Engineered Products, Inc. ("Plastech") has filed Defendant's Memorandum in Support of Affirmative Defense to the Complaint brought against Plastech by Joseph T. Ryerson Son, Inc. ("Ryerson"). That memorandum is helpful in focusing Plastech's Statute of Frauds defense more sharply, addressing as it does the asserted absence of actual authority for Kelly Garwood ("Garwood") to have signed and initialed some of the documentation on which Ryerson relies for its lawsuit.
There are of course other questions remaining, not only as to the credibility of Plastech's affiant Gary Bone in support of Plastech's memorandum but also as to such matters as the existence or nonexistence of apparent authority running to Garwood, the existence or nonexistence of part performance that might take the transaction out of the Statute of Frauds and perhaps other issues that Ryerson may raise. All such items remain for the future, but in the meantime the Plastech memorandum has played its proper role.