62 Illinois opinions name it 2 courts 1891–2025 6 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Strickland v. Washingtongreen2 sentences2025“In any case presenting an ineffectiveness claim, the performance inquiry must be whether counsel’s assistance was reasonable considering all the circumstances.” Strickland, 466 U.S. at 688 . 2014Assistance of Counsel ¶ 18 Defendant argues the performance of defense counsel violated his sixth amendment right to counsel because it fell below the standard of reasonableness required by Strickland v. Washington, 466 U.S. 668, 687-88 (1984). | 3 | 14 |
American College of Surgeons v. Lumbermens Mutual Casualty Co.green2 sentences1992App. 3d 362, 368 ; see also Restatement (Second) of Contracts §130 (1981).) “The rationale of the full performance doctrine is that when one party, in reasonable reliance on the contract, performs all of its obligations, it would be unfair to allow the other party to accept the benefits under the contract but to avoid its reciprocal obligations by asserting the Statute of Frauds.” (American College of Surgeons v. Lumbermens Mutual Casualty Co. (1986), 142 Ill. 1990As previously explained by this court: “The rationale of the full performance doctrine is that when one party, in reasonable reliance on the contract, performs all of its obligations, it would be unfair to allow the other party to accept the benefits under the contract but to avoid its reciprocal obligations by asserting the Statute of Frauds. [Citation.] Illinois courts have uniformly followed the rule, *** that when one party to a contract completes his performance, the one-year provision of the statute does not prevent enforcement of the promises of the other party. [Citations.]” (American | 2 | 3 |
Greenberger, Krauss & Tenenbaum v. Catalfogreen2 sentences2018Greenberger, Krauss & Tenenbaum v. Catalfo, 293 Ill. 2009The doctrine of full performance “provides that where one party completely performs a contract, the contract is enforceable and the statute of frauds may not be used as a defense.” Greenberger, Krauss & Tenenbaum v. Catalfo, 293 Ill. | 2 | 3 |
Howard v. Jaygreen2 sentences2009We affirm the award of damages in all other respects. - 20 - "Under the doctrine of substantial performance, the general rule regarding building contracts is that a builder is not required to perform perfectly but, rather, is only held to a duty of substantial performance in a workmanlike manner." Howard v. Jay, 203 Ill. 2009“Under the doctrine of substantial performance, the general rule regarding building contracts is that a builder is not required to perform perfectly but, rather, is only held to a duty of substantial performance in a workmanlike manner.” Howard v. Jay, 203 Ill. | 2 | 2 |
ILLINOIS DEPT. OF PUBLIC HEALTH v. Jacksongreen2 sentences2006In reaching this conclusion, the appellate court rejected the reasoning of Department of Public Health v. Jackson, 321 Ill. 2006In reaching this conclusion, the appellate court rejected the reasoning of Department of Public Health v. Jackson, 321 Ill. | 2 | 2 |
Monetti, S.P.A., and Melform U.S.A., Inc. v. Anchor Hocking Corporationgreen2 sentences2006The United States Court of Appeals for the Seventh Circuit -9- 1-05-0496 explained the performance exception to the statute of frauds: "Unilateral performance is pretty solid evidence that there really was a contract--for why else would the party have performed unilaterally? *** [I]f a party performs first there is some basis for inferring that he had a contract. *** The partial-performance exception to the statute of frauds is often explained (and its boundaries fixed accordingly) as necessary to protect the reliance of the performing party, so that if he can be made whole by restitution the 2006The United States Court of Appeals for the Seventh Circuit explained the performance exception to the statute of frauds: “Unilateral performance is pretty solid evidence that there really was a contract — for why else would the party have performed unilaterally? *** [I]f a party performs first there is some basis for inferring that he had a contract. *** The partial-performance exception to the statute of frauds is often explained (and its boundaries fixed accordingly) as necessary to protect the reliance of the performing party, so that if he can be made whole by restitution the oral contract | 2 | 2 |
Payne v. Mill Race Inngreen2 sentences2006In the first, Payne v. Mill Race Inn, 152 Ill. 2006In the first, Payne v. Mill Race Inn, 152 Ill. | 2 | 2 |
People v. Albanesegreen2 sentences1991Strickland directed that "the performance inquiry must be whether counsel's assistance was reasonable considering all the circumstances." ( Strickland, 466 U.S. at 688 , 104 S.Ct. at 2065 , 80 L.Ed.2d at 694 ; Albanese, 104 Ill.2d at 525 , 85 Ill.Dec. 441 , 473 N.E.2d 1246 ; see People v. Harris (1988), 123 Ill.2d 113, 156 , 122 Ill.Dec. 76 , 526 N.E.2d 335 .) A defendant must also overcome a strong presumption that the challenged action "might be considered sound trial strategy." ( Strickland, 466 U.S. at 689 , 104 S.Ct. at 2065 , 80 L.Ed.2d at 694-95 ; Albanese, 104 Ill.2d at 526 , 85 Ill.De 1991Strickland directed that "the performance inquiry must be whether counsel's assistance was reasonable considering all the circumstances." ( Strickland, 466 U.S. at 688 , 104 S.Ct. at 2065 , 80 L.Ed.2d at 694 ; Albanese, 104 Ill.2d at 525 , 85 Ill.Dec. 441 , 473 N.E.2d 1246 ; see People v. Harris (1988), 123 Ill.2d 113, 156 , 122 Ill.Dec. 76 , 526 N.E.2d 335 .) A defendant must also overcome a strong presumption that the challenged action "might be considered sound trial strategy." ( Strickland, 466 U.S. at 689 , 104 S.Ct. at 2065 , 80 L.Ed.2d at 694-95 ; Albanese, 104 Ill.2d at 526 , 85 Ill.De | 1 | 3 |
Williams v. Illinoisred2 sentences2025Id. at 652 (“The accused’s right is to be confronted with the analyst who made the certification, unless that analyst is unavailable at trial, and the accused had an opportunity, pretrial, to cross-examine that particular scientist.”). ¶ 96 Shortly thereafter, the Supreme Court decided Williams v. Illinois, 567 U.S. 50, 79 (2012), wherein a plurality of the Court held that the defendant’s confrontation rights were not violated when an expert witness testified that a DNA profile prepared by an outside laboratory, Cellmark, matched a profile that the State produced from a sample of the defendant 2013Id. at ___, 131 S. Ct. at 2710 . ¶ 35 The Court’s divided decision in Williams v. Illinois, 567 U.S. ___ , 132 S. Ct. 2221 (2012), was its most recent effort to define “testimonial.” In Williams, defendant was convicted following a bench trial of, among other offenses, aggravated criminal sexual assault. | 1 | 2 |
Meyer v. Loguegreen2 sentences2021See, e.g., American College of Surgeons v. Lumbermens Mutual Casualty Co., 142 Ill. 33 1-20-1279 App. 3d 680, 698-99 (1986) (“The rationale of the full performance doctrine is that when one party, in reasonable reliance on the contract, performs all of its obligations, it would be unfair to allow the other party to accept the benefits under the contract but to avoid its reciprocal obligations by asserting the Statute of Frauds.”); Meyer v. Logue, 100 Ill. 1986(See Meyer v. Logue (1981), 100 Ill. | 1 | 2 |
National Wrecking Co. v. Midwest Terminal Corp.green2 sentences2019As such, the judgment in favor of LB Steel and against Travelers on LB Steel’s public construction bond claim must also be reversed. ¶ 36 LB Steel argues, however, that even if it breached the Sub-Subcontract, it is still entitled to recover under a theory of substantial performance because the defective welds, in aggregate, constituted only 1000 feet of the 39 miles of total welding. ¶ 37 “Under the doctrine of substantial performance, a contractor may recover where there has been substantial performance of a contract even though there may be some omissions and defects in the contract’s perfo 2018As such, the judgment in favor of LB Steel and against Travelers on LB Steel's public construction bond claim must also be reversed. ¶ 36 LB Steel argues, however, that even if it breached the Sub-Subcontract, it is still entitled to recover under a theory of substantial performance because the defective welds, in aggregate, constituted only 1000 feet of the 39 miles of total welding. ¶ 37 "Under the doctrine of substantial performance, a contractor may recover where there has been substantial performance of a contract even though there may be some omissions and defects in the contract's perfo | 1 | 2 |
Rico Industries, Inc. v. TLC Group, Inc.green1 sentence2023Midland asserts that “any contract is terminable upon the occurrence of a material breach.” (Emphasis in original.) Rico Industries, Inc. v. TLC Group, Inc., 2014 IL App (1st) 131522, ¶ 24 (citing Jespersen v. Minnesota Mining & Manufacturing Co., 183 Ill. 2d 290, 294 (1998)). | 1 | 1 |
Jespersen v. Minnesota Mining & Manufacturing Co.green1 sentence2023Midland asserts that “any contract is terminable upon the occurrence of a material breach.” (Emphasis in original.) Rico Industries, Inc. v. TLC Group, Inc., 2014 IL App (1st) 131522, ¶ 24 (citing Jespersen v. Minnesota Mining & Manufacturing Co., 183 Ill. 2d 290, 294 (1998)). | 1 | 1 |
Roti v. Rotigreen1 sentence2022Roti v. Roti, 364 Ill. | 1 | 1 |
Anson v. Haywoodgreen2 sentences2012See Anson v. Haywood, 397 Ill. 370, 379 , 74 N.E.2d 489, 493-94 (1947) (holding that oral contracts for the future conveyance of land are not barred by the statute of frauds if one party has already fully performed his part of the agreement). 2012See Anson v. Haywood, 397 Ill. 370, 379 , 74 N.E.2d 489, 493-94 (1947) (holding that oral contracts for the future conveyance of land are not barred by the statute of frauds if one party has already fully performed his part of the agreement). | 1 | 1 |
Doherty v. Kahngreen1 sentence2009See Doherty v. Kahn, 289 Ill. | 1 | 1 |
| People v. Williamsgreen | 1 | 1 |
| Cohn v. Checker Motors Corp.green | 1 | 1 |
| People v. Harrisgreen | 1 | 1 |
| Estes v. United Statesgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bullcoming v. New Mexico
green
2 sentences2013Id. at ___, 131 S. Ct. at 2710 . ¶ 35 The Court’s divided decision in Williams v. Illinois, 567 U.S. ___ , 132 S. Ct. 2221 (2012), was its most recent effort to define “testimonial.” In Williams, defendant was convicted following a bench trial of, among other offenses, aggravated criminal sexual assault. 2013Id. at ___, 131 S. Ct. at 2710 . ¶ 35 The Court’s divided decision in Williams v. Illinois, 567 U.S. ___ , 132 S. Ct. 2221 (2012), was its most recent effort to define “testimonial.” In Williams, defendant was convicted following a bench trial of, among other offenses, aggravated criminal sexual assault. | 3 | 2011–2013 |
Noesges v. Servicemaster Co.
green
2 sentences2006The second case, Noesges v. Servicemaster Co., 233 Ill. 2006The second case, Noesges v. Servicemaster Co., 233 Ill. | 2 | 2006–2006 |
Fieldcrest Builders, Inc. v. Antonucci
green
2 sentences2001Fieldcrest Builders, Inc. v. Antonucci, 311 Ill. 2001Fieldcrest Builders, Inc. v. Antonucci, 311 Ill. | 2 | 2001–2001 |
Roe v. Flores-Ortega
green
2 sentences2001The Court noted that, under Strickland, “ ‘the performance inquiry must be whether counsel’s assistance was reasonable considering all the circumstances.’ ” Flores-Ortega, 528 U.S. at 478 , 145 L. 2001The Court noted that, under Strickland, “ ‘the performance inquiry must be whether counsel’s assistance was reasonable considering all the circumstances.’ ” Flores-Ortega, 528 U.S. at 478 , 145 L. | 2 | 2001–2001 |
People v. Stewart
green
2 sentences1996People v. Stewart, 217 Ill. 1996People v. Stewart, 217 Ill. | 2 | 1996–1996 |
Broncata v. Timbercrest Estates, Inc.
green
2 sentences1975As was held in Broncata v. Timbercrest Estates, Inc., 100 Ill.App.2d 49, 52 , 241 N.E.2d 569 : “‘It is sufficient that there is a substantial performance in good faith or that there is an honest and faithful performance of the contract in its material and substantial parts, with no willful departure from, or omission of, the essential points of the contract.’ ” It is true that in these days of million- and multimillion-dollar building and construction contracts the parties may specifically contract between themselves for a different standard, one that would allow a contractor the possibility o 1975As was held in Broncata v. Timbercrest Estates, Inc., 100 Ill.App.2d 49, 52 , 241 N.E.2d 569 : “‘It is sufficient that there is a substantial performance in good faith or that there is an honest and faithful performance of the contract in its material and substantial parts, with no willful departure from, or omission of, the essential points of the contract.’ ” It is true that in these days of million- and multimillion-dollar building and construction contracts the parties may specifically contract between themselves for a different standard, one that would allow a contractor the possibility o | 2 | 1975–1992 |
Delta Construction, Inc. v. Dressler
green
2 sentences1992(Delta Construction, Inc. v. Dressier (1978), 64 Ill. 1992Under the doctrine of substantial performance, a contractor may recover where there has been substantial performance of a contract even though there may be some omissions and defects in the contract's performance, as measured by the strict terms of the contract. ( Delta Construction, Inc. v. Dressler (1978), 64 Ill. | 2 | 1992–1992 |
Anastaplo v. Radford
green
2 sentences1987(Anastaplo v. Rad-ford (1958), 14 Ill. 2d 526, 537-38 , 153 N.E.2d 37 .) While this performance doctrine was first developed in the context of land sales contracts ( 14 Ill. 2d 526 , 153 N.E.2d 37 ), it has been extended to agreements to answer for the debt of another. 1987(Anastaplo v. Rad-ford (1958), 14 Ill. 2d 526, 537-38 , 153 N.E.2d 37 .) While this performance doctrine was first developed in the context of land sales contracts ( 14 Ill. 2d 526 , 153 N.E.2d 37 ), it has been extended to agreements to answer for the debt of another. | 2 | 1979–1987 |
People v. MacK
green
2 sentences1986In developing the reasonable-probability test, the court stated that it is not enough for the defendant to show that the errors had some conceivable effect on the outcome of the proceeding, because "[v]irtually every act or omission of counsel would meet that test * * *." (466 U.S. [668, 693], 80 L.Ed.2d 674, 697 , 104 S.Ct. 2052, 2067 .) On the other hand, the "defendant need not show that counsel's deficient conduct more likely than not altered the outcome of the case." (466 U.S. [668, 693], 80 L.Ed.2d 674, 697 , 104 S.Ct. 2052, 2068 .) The appropriate standard of prejudice, the court stated 1984In developing the reasonable-probability test, the court stated that it is not enough for the defendant to show *246 that the errors had some conceivable effect on the outcome of the proceeding, because `[v]irtually every act or omission of counsel would meet that test * * *.' ( 466 U.S. ___ , ___, 80 L.Ed.2d 674, 697 , 104 S.Ct. 2052, 2067 .) On the other hand, the `defendant need not show that counsel's deficient conduct more likely than not altered the outcome of the case.' ( 466 U.S. ___ , ___, 80 L.Ed.2d 674, 697 , 104 S.Ct. 2052, 2068 .) The appropriate standard of prejudice, the court s | 2 | 1984–1986 |
People v. Holmes
green
1 sentence2025Nor did the State assert that Razatos had any ‘independent opinion’ concerning [the defendant’s] BAC.” Id. at 661-62. - 36 - 2025 IL App (2d) 240194 ¶ 95 Accordingly, Bullcoming stands for the proposition that the surrogate testimony of another analyst who did not personally conduct or observe the performance of the test was insufficient to satisfy the requirements of the confrontation clause. | 1 | 2025–2025 |
Melendez-Diaz v. Massachusetts
green
1 sentence2023The Court summarized, “under our decision in Crawford, the analysts’ affidavits were testimonial statements, and the analysts were “witnesses” for the purposes of the Sixth Amendment.” Id. at 311 . ¶ 13 Next, in Bullcoming v. New Mexico, 564 U.S 647 (2011), the Court considered whether, “[T]he Confrontation Clause permit[s] the prosecution to introduce a forensic laboratory report containing a testimonial certification, made in order to prove a fact at a criminal trial, through the in-court testimony of an analyst who did not sign the certification or personally perform or observe the performa | 1 | 2023–2023 |
National Wrecking Co. v. MIDWEST TERM. CORP.
green
2 sentences2018App. 3d 750 , 761, 176 Ill.Dec. 301 , 601 N.E.2d 999 (1992). 2018App. 3d 750 , 761, 176 Ill.Dec. 301 , 601 N.E.2d 999 (1992). | 1 | 2018–2018 |
People v. Williams
green
2 sentences2010It is certainly the law that alleged infirmities in the performance of a test usually go to the weight of the evidence, not to its admissibility. 238 Ill.2d at 141 , 345 Ill.Dec. at 433-34 , 939 N.E.2d at 276-77 . 2010It is certainly the law that alleged infirmities in the performance of a test usually go to the weight of the evidence, not to its admissibility. 238 Ill.2d at 141 , 345 Ill.Dec. at 433-34 , 939 N.E.2d at 276-77 . | 1 | 2010–2010 |
Gordon v. Bauer
green
1 sentence1995(Gordon, 177 Ill. | 1 | 1995–1995 |
| Arnold v. Leahy Home Building Co. green | 1 | 1991–1991 |
| Cuellar v. Hout green | 1 | 1991–1991 |
| Levan v. Richter green | 1 | 1990–1990 |
| People v. Johnigk green | 1 | 1988–1988 |
| Thilman & Co. v. Esposito green | 1 | 1987–1987 |
| Man. Sup. Assoc. v. Union Indem. Ins. green | 1 | 1987–1987 |
| People v. Lewis green | 1 | 1986–1986 |
| W. E. Erickson Construction, Inc. v. Congress-Kenilworth Corp. green | 1 | 1986–1986 |
| Brewer v. Custom Builders Corp. green | 1 | 1985–1985 |
| People v. Royse green | 1 | 1983–1983 |
| People v. Murphy green | 1 | 1983–1983 |
| People v. Greer green | 1 | 1983–1983 |
| Grundy County National Bank v. Westfall green | 1 | 1979–1979 |
| The PEOPLE v. Riggins green | 1 | 1977–1977 |
| Robinhorne Construction Corp. v. Snyder green | 1 | 1975–1975 |
| Watson Lumber Co. v. Guennewig green | 1 | 1975–1975 |
| Robinhorne Construction Corp. v. Snyder green | 1 | 1975–1975 |
| Sinclair v. Tallmadge neutral | 1 | 1975–1975 |
| The People v. Daulley green | 1 | 1962–1962 |
| Loverin v. McLaughlin green | 1 | 1905–1905 |
| Fowler v. Deakman neutral | 1 | 1891–1891 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.