Hajicek v. Nauvoo Restoration, Incorporated

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (3d) 121013
Decision Date: 
March 27, 2014
District: 
3d Dist.
Division/County: 
Hancock Co.
Justice: 
O'BRIEN
Holding: 
Reversed and remanded.
Court erred in granting summary judgment for Defendants and dismissing with prejudice action of Plaintiff, a collector of historic Mormon artifacts, for breach of contract and specific performance regarding historic Mormon stones he was promised in exchange for his donation of a religiously significant painting to Mormon church. There was no accord and satisfaction, as there is no evidence that a new offer was ever presented to the plaintiff, who was denied the stones. Court erred in granting summary judgment on a theory of rescission, as Defendants did not raise that theory until their motion for reconsideration. (McDADE, concurring; WRIGHT, specially concurring.)