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Benjamin v. Cablevision Programming Investments
Citation:
114 Ill. 2d 150, 102 Ill. Dec. 296, 499 N.E.2d 1309 (1986)Facts
In August 1980, Samuel Benjamin, a California resident, purchased one limited-partnership unit in Cablevision Programming Investments for $200,000. Cablevision was established as an Illinois limited partnership with its principal place of business in Chicago. Benjamin was solicited in California and received investment documents sent from Chicago. He signed the subscription agreement in California and mailed it with a $40,000 check to Cablevision’s Chicago office. Cablevision’s representatives executed the agreement in Chicago and mailed confirmation to Benjamin in California. In 1982, Benjamin learned from the Illinois Secretary of State that no registration statement had been filed for the security and no “report of sale” had been filed to preserve a limited-offering exemption. Benjamin sent notice of his election to rescind the sale and filed a two-count complaint seeking to void the sale and recover his purchase price, plus interest and attorney fees. Count I alleged violation of the registration requirement; Count II alternatively alleged failure to file the required report for the limited-offering exemption.
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