plaintiff bases claim (Illinois) · Go Syfert
← Illinois issues

plaintiff bases claim in Illinois

7 Illinois opinions name it 2 courts 1934–2023 2 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.

Followed or applied (1)

CaseFollowedCited
Czarobski v. Latagreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2012–2012
2 sentences

2012However, as the defendant notes in her brief, the doctrine of merger by deed holds that “all prior agreements between a buyer and a seller are merged in the deed upon its acceptance.” (Emphasis added.) Czarobski v. Lata, 227 Ill. 2d 364, 369 , 882 N.E.2d 536, 540 (2008).

2012However, as the defendant notes in her brief, the doctrine of merger by deed holds that “all prior agreements between a buyer and a seller are merged in the deed upon its acceptance.” (Emphasis added.) Czarobski v. Lata, 227 Ill. 2d 364, 369 , 882 N.E.2d 536, 540 (2008).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Trevino v. Baldwin green
illappct · 2020
2 sentences

2023Trevino, 2020 IL App (4th) 180682, ¶ 26 .

2022Id.

22022–2023
In Re Estate of Hoyman green
illappct · 1960
1 sentence

1979App. 2d 438 , 170 N.E.2d 25 (where all the facts were admitted by pleadings).) We will hereafter examine the language of the dramshop insurance contract upon which the plaintiff bases its claim for exclusion from coverage.

11979–1979
Schmitt v. Village of Skokie neutral
illappct · 1972
1 sentence

1978Schmitt v. Village of Skokie (1972), 6 Ill.

11978–1978
Hofert v. Latorri green
ill · 1961
1 sentence

1961While such a relationship is material where the plaintiff advances a theory of undue influence or a constructive trust theory (Hofert v. Latorri, 22 Ill2d 126, 174 NE2d 866 ), where, as in the instant case, the plaintiff bases his claim solely on the existence of an express trust, it readily can be seen that the plaintiff might establish the fiduciary relationship and still fail to prove the express trust together with all its terms and conditions.

11961–1961
Knass v. Madison & Kedzie State Bank green
ill · 1933
1 sentence

1934The contract in question, upon which the plaintiff bases his claim against the defendant, is similar to the contract of re-purchase considered by this court in Knass v. Madison and Kedzie State Bank, 354 Ill. 554 .

11934–1934

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (3)

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.

Where else courts name it

CT 12 (1957–2022) NY 9 (1868–1932) TX 8 (1951–2024) IL 7 (1934–2023) MA 6 (1919–2011) GA 6 (1922–1990) PA 5 (1917–2001) WI 5 (1937–2005) MN 2 (1973–1988) WV 2 (1907–1966) NH 2 (1988–1993) MO 2 (1902–1940) IA 2 (1908–1921) MI 2 (1896–1975)

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.

← Caselaw search · G Cite Topics · Brief Check