8 Illinois opinions name it 2 courts 1986–2025 1 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 |
|---|---|---|
Intini v. Marinogreen2 sentences2025Intini v. Marino, 112 Ill. 1991The court in Intini rejected the purchasers' allegations of part performance where they sold their current residence, retained professional movers, and contracted for furniture for their new home before the real estate contract had been resolved. ( Intini, 112 Ill.App.3d 252 , 68 Ill.Dec. 12 , 445 N.E.2d 460 .) The Intini court reasoned that "[w]hile arguably contingent upon a successful resolution of a real estate sales contract between the parties, none of these actions were required by the actual offer to purchase the real estate itself." Intini, 112 Ill.App.3d at 256 , 68 Ill.Dec. 12 , 445 | 1 | 2 |
American College of Surgeons v. Lumbermens Mutual Casualty Co.green1 sentence2020American College of Surgeons v. Lumbermens Mutual Casualty Co., 142 Ill. | 1 | 1 |
Wright v. Raftreegreen1 sentence1997Oral contracts for the sale of land, to become enforceable under the doctrine of part performance, require more than the mere payment of earnest money. "[A] payment of the purchase money alone [for real estate], without either possession or improvements, is not such a part performance[ ] as to take the case out of the statute.” Koenig v. Dohm, 209 Ill. 468, 479 , 70 N.E. 1061, 1064 (1904); see also Wright v. Raftree, 181 Ill. 464 (1899). | 1 | 1 |
Koenig v. Dohmgreen2 sentences1997Oral contracts for the sale of land, to become enforceable under the doctrine of part performance, require more than the mere payment of earnest money. "[A] payment of the purchase money alone [for real estate], without either possession or improvements, is not such a part performance[ ] as to take the case out of the statute.” Koenig v. Dohm, 209 Ill. 468, 479 , 70 N.E. 1061, 1064 (1904); see also Wright v. Raftree, 181 Ill. 464 (1899). 1997Oral contracts for the sale of land, to become enforceable under the doctrine of part performance, require more than the mere payment of earnest money. "[A] payment of the purchase money alone [for real estate], without either possession or improvements, is not such a part performance[ ] as to take the case out of the statute.” Koenig v. Dohm, 209 Ill. 468, 479 , 70 N.E. 1061, 1064 (1904); see also Wright v. Raftree, 181 Ill. 464 (1899). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Grundy County National Bank v. Westfall
green
2 sentences1986App. 3d 839, 845 , 301 N.E.2d 28, 32 , was decided, not on the basis of the doctrine of part performance , but on the basis of the rule that “the courts will not permit the Statute of Frauds, the only purpose of which is to prevent fraud, to be used where the effect will be to accomplish a fraud, and if the facts are such that it would be a virtual fraud to permit the defendant to interpose the statute, a court will not listen to that defense.” In his brief the plaintiff makes no assertion that the mortgage of February 21, 1979, served as a memorandum of the alleged oral agreement, and, theref 1986App.3d 839, 845 , 301 N.E.2d 28, 32 , was decided, not on the basis of the doctrine of part performance, but on the basis of the rule that "the courts will not permit the Statute of Frauds, the only purpose of which is to prevent fraud, to be used where the effect will be to accomplish a fraud, and if the facts are such that it would be a virtual fraud to permit the defendant to interpose the statute, a court will not listen to that defense." 3 In his brief the plaintiff makes no assertion that the mortgage of February 21, 1979, served as a memorandum of the alleged oral agreement, and, ther | 2 | 1986–1986 |
Pendleton v. King
green
2 sentences1997The only case Cain cites that discusses the doctrine of part performance in relation to a contract for the sale of land is Pendleton v. King, 55 Ill. 1997Pendleton holds that in order to satisfy the requirements of the part-performance doctrine, the buyer must take possession of the property, pay the purchase money, either in whole or in part, and make improvements to the land or change the property in some way in reliance on the oral agreement. 55 Ill. | 1 | 1997–1997 |
Gibbons v. Stillwell
green
2 sentences1993The doctrine of part performance would have had no application to an action at law for damages and, hence, could not have operated to take the alleged oral agreement out of the Statute of Frauds.” (Gibbons v. Stillwell (1986), 149 Ill. 1993App. 3d 411, 416-17 , 500 N.E.2d 965, 969 , quoting 37 C.J.S. | 1 | 1993–1993 |
Mapes v. Kalva Corp.
green
2 sentences1987The part-performance doctrine was held inapplicable by this court in Mapes v. Kalva Corp. (1979), 68 Ill. 1987App. 3d 362 , 386 N.E.2d 148 , which involved a suit for breach of an employment contract not to be performed within one year. | 1 | 1987–1987 |
Anastaplo v. Radford
green
2 sentences1986App. 3d 137 , 388 N.E.2d 1312 , each cited the part performance rule of Anastaplo v. Radford (1958), 14 Ill. 2d 526 , 153 N.E.2d 37 , in contexts other than oral contracts to convey realty. 1986App. 3d 137 , 388 N.E.2d 1312 , each cited the part performance rule of Anastaplo v. Radford (1958), 14 Ill. 2d 526 , 153 N.E.2d 37 , in contexts other than oral contracts to convey realty. | 1 | 1986–1986 |
Yorkville National Bank v. Schaefer
green
2 sentences1986App. 3d 137 , 388 N.E.2d 1312 , each cited the part performance rule of Anastaplo v. Radford (1958), 14 Ill. 2d 526 , 153 N.E.2d 37 , in contexts other than oral contracts to convey realty. 1986App.3d 137 , 388 N.E.2d 1312 , each cited the part performance rule of Anastaplo v. Radford (1958), 14 Ill.2d 526 , 153 N.E.2d 37 , in contexts other than oral contracts to convey realty. | 1 | 1986–1986 |
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.