Midwest Builder Distributing, supplied cabinets and appliances to Lord and Essex, a homebuilder. Midwest sued Lord and Essex for nonpayment of goods delivered. The case was tried, and Midwest got a judgment against Lord and Essex.
Lord and Essex appealed, but there was a big procedural problem in the appellate court. The transcript of testimony for the first day of trial was unavailable. The parties were unable to stipulate to a bystander’s report. Neither party could get certification from the trial judge, who retired after the judgment was rendered. To boot, the related trial exhibits had been discarded.
Relying on the general law that requires appellant to provide a complete record, Midwest argued that the appellate court “lack[ed] the ability to meaningfully assess the merits of the case and therefore [has] no choice but to affirm [Midwest’s judgment].” Lord and Essex argued that the appellate court only needed to decide questions of law, which did not require the testimony or exhibits. The First District Illinois Appellate Court ruled that “to the extent that the decision may be impacted by testimony or documentary exhibits that have not been brought before us, the contents of such omitted portions of the record will be presumed to favor Midwest.”