Horwitz v. Sonnenschein Nath & Rosenthal

Illinois Appellate Court
Civil Court
Partnerships
Citation
Case Number: 
2018 IL App (1st) 161909
Decision Date: 
Friday, June 29, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
ELLIS

Plaintiff was an equity partner at Defendant law firm, and parties entered into special partnership agreement. Plaintiff sued firm for breach of contract and for rescission, alleging that firm failed to adequately compensate him for 6 years. Jury awarded Plaintiff $125,000 in damages on his breach of contract claim, making him whole by awarding the difference between what firm should have paid him and what it did pay him. Plaintiff obtained adequate legal remedy on his breach of contract action, and thus he was barred, as a matter of law, from pursuing equitable claim of rescission. (BURKE and McBRIDE, concurring.)