SCHLOSSER V. WELK
550 N.E.2d 241 (3rd Dist. Ill. 1990)
NATURE OF THE CASE: This was a dispute over the retention of eight videotapes.
FACTS: Welk (D) was an employee of Schlosser (P) who owned a company called
Select-A-Video. D was terminated on October 5, 1987. As a general policy, employees were
allowed to take tapes home for their personal use without checking them out or paying a
rental fee. When D was terminated she had eight tapes in her car. D took the tapes home and
placed them in storage closet. She then rediscovered them while cleaning and had never
watched them. D returned the tapes to the store on December 10, 1987. P sued D. The trial
court found that an implied contract existed and that P was entitled to $549 for the rental
of the tapes for the time she kept them. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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