Gagnon v. Schickel

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 120645
Decision Date: 
December 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Justice: 
HOFFMAN
Holding: 
Affirmed in part and reversed in part; remanded with directions.
Parties agreed to purchase property together and to share in costs and profits, but Defendant never filed quitclaim deed conferring Plaintiff interest in property. Plaintiff stated in "gift letter" (exhibit to complaint) that monetary gift was a bona fide gift with no obligation to repay sum at any time. As letter contradicted an essential term of alleged oral contract, Plaintiff failed to sufficiently allege an oral contract and cannot sustain claim for unjust enrichment. (CUNNINGHAM and DELORT, concurring.)