Kenny v. Kenny Industries

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 111782
Decision Date: 
July 24, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Justice: 
HARRIS
Holding: 
Affirmed.
(Modified upon denial of rehearing 9/4/12.) Court properly denied holding company's motion for release from judgment confirming arbitrator's final award in favor of trust. Arbitrator's final award addressed all installment payments due under share purchase agreement (SPA), as award made clear it contemplated future installment payments and payments due as of date of judgment. Merger doctrine is inapplicable, as company did not attempt to attack underlying judgment but sought to enforce its contractual right of setoff against any payment due to trust under SPA. (QUINN and CONNORS, concurring.)