Trisko purchased a loveseat from the Vignola Furniture Company. The loveseat arrived at Trisko’s home in a damaged condition. Vignola agreed to repair the loveseat if Trisko agreed not to sue. Trisko agreed but then later brought suit.

Vignola argued that Trisko could not bring suit because he had promised not to sue them in exchange for the repair of the loveseat. Trisko argued that Vignola had a preexisting duty to deliver an undamaged love-seat. This preexisting duty could not therefore be consideration in a new agreement. Was Trisko correct? Explain. Trisko v. Vignola Furniture Company, 299 N.E.2d 421 (IL).