Church Yard Commons Limited Partnership v. Podmajersky, Inc.

Illinois Appellate Court
Civil Court
Contracts
Citation
Case Number: 
2017 IL App (1st) 161152
Decision Date: 
Tuesday, March 28, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
MASON

Plaintiffs filed suit against their son, alleging that he breached his fiduciary duties by failing to provide them with financial information about properties in Chicago which he managed for them, in exchange for making him an equal partner in their real estate business, by oral agreement. After his parents' death, son filed countercliam against his sister, alleging that she exerted undue influence over them to manipulate parents into terminating agreement. Court properly found that agreement was unenforceable under Section 1 of Frauds Act, as agreement explicitly required the commitment of a lifetime of work, and thus anticipated a relationship of long duration. Son's partial performance of agreement would not warrant enforcement of oral agreement. (HYMAN and NEVILLE, concurring.)