Carr
Carr v. Autotech Technologies, L.P.
Opinion
Lead Opinion
MEMORANDUM **
AutoTech Technologies, L.P. (AutoTech) appeals the district court’s grant of summary judgment in favor of Michael Carr. We affirm.
The plain language of the agreement between the parties clearly contemplates that AutoTech would receive the accounts receivable in existence at the date of the closing. When the terms of a contract are clear and unambiguous, courts need not “consider any evidence outside the text of the agreement.” 1 Rather, they must enforce the agreement as written. 2 Accord *555 ingly, we need not consider AutoTech’s argument regarding the course of bargaining and the original letter of intent. Thus, we reject AutoTech’s assertion that it paid, or would have had to pay if it had satisfied the debt to the First Indiana Bank, more than the agreed-upon purchase price.
To the extent AutoTeeh argues that it was excused from paying the agreed-upon price because of an earlier breach by Carr, we note that Illinois courts recognize that one party’s prevention of a second party’s performance excuses the second party’s performance on a contract. 3 AutoTeeh has pointed to nothing to .establish a dispute regarding the fact that AutoTeeh took possession of the…