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COOK COUNTY RECORD

Wednesday, November 6, 2024

Plaintiffs accuse transport company of breaching oral contract over vehicle purchase

State Court
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A contentious dispute over an oral contract for the purchase of a truck, trailer, and replacement engine has culminated in a legal battle that underscores the complexities of verbal agreements in business transactions. The plaintiffs, Oleksii Syniuk and Vitalii Kozhushko, filed a complaint against IBY Transport, Inc. in the Circuit Court of Cook County on July 17, 2024.

The case revolves around an oral agreement made in May 2018 between Syniuk and Kozhushko—doing business as Wolf Trans Lines, Inc. and KVK Transport Inc., respectively—and IBY Transport, Inc. The plaintiffs allege that they entered into an oral contract with IBY Transport to purchase a truck and trailer over time, which was later modified to include a new engine for the truck. They claim that despite making payments towards these purchases, IBY Transport failed to deliver the truck with the new engine and wrongfully took possession of the vehicle.

IBY Transport countered by filing a counterclaim alleging that the plaintiffs breached both their written contracts and the oral agreement. According to IBY Transport, Syniuk and Kozhushko failed to pay charges related to tolls, fines, repairs, and other violations stipulated in their written contracts. Additionally, they claimed that the plaintiffs did not pay the agreed amount within the specified time frame for the truck, trailer, and new engine.

In January 2022, an arbitrator ruled against Syniuk and Kozhushko's claims and awarded $15,757.72 to IBY Transport on its counterclaim. Dissatisfied with this outcome, the plaintiffs rejected the award leading to a bench trial in April 2023. The trial court ultimately sided with IBY Transport again. It found that Syniuk and Kozhushko had indeed breached their oral contract by failing to pay more than half of the total agreed amount for both the truck and trailer combined.

Justice Lampkin delivered the judgment affirming that Syniuk and Kozhushko owed IBY Transport $15,757.72—$12,862.71 for breach of written contracts and $2895 for breach of oral contracts—along with reasonable legal fees incurred during arbitration. The court also dismissed claims from Syniuk and Kozhushko regarding conversion due to insufficient evidence showing any property rights over the truck before full payment was made.

Despite their arguments on appeal asserting substantial performance under their obligations by paying significant amounts towards both vehicles' purchase prices ($29,000 for the truck; $10,500 towards a $13,395 engine), they could not provide sufficient records or evidence supporting these claims adequately enough against what had been established during trial proceedings.

Ultimately rejecting all appeals from Syniuk & Kozhushko while maintaining initial rulings based upon thorough factual findings presented throughout trials & arbitration processes alike - leaving them liable now owing nearly $20k altogether once additional arbitration-related costs factored therein too.

Representing Oleksii Syniuk & Vitalii Kozhushko were attorneys whose names remain undisclosed here whereas presiding judge overseeing matters Maura Slattery Boyle alongside Justices D.B Walker plus R Van Tine concurring decisions reached accordingly under Case ID No:1-23-1427

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