preexisting debt requirement (Illinois) · Go Syfert
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preexisting debt requirement in Illinois

5 Illinois opinions name it 2 courts 2006–2007 0 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 (2)

CaseFollowedCited
Rosewood Care Center, Inc. v. Caterpillar, Inc.green
illappct · 2006 · cited in 4 Illinois opinions naming this issue, 2006–2007
2 sentences

2007Nevertheless, the appellate court concluded that principles of stare decisis required it to follow Williams and Hartley Bros, and found the trial court erred in dismissing Rosewood’s complaint on this basis. 2 Justice Lytton specially concurred to “discuss the general and widely recognized trend to abandon the preexisting debt requirement.” 366 Ill.

2007Nevertheless, the appellate court concluded that principles of stare decisis required it to follow -4- Williams and Hartley Bros. and found the trial court erred in dismissing Rosewood’s complaint on this basis.2 Justice Lytton specially concurred to “discuss the general and widely recognized trend to abandon the preexisting debt requirement.” 366 Ill.

44
Hite v. Wellsgreen
ill · 1855 · cited in 2 Illinois opinions naming this issue, 2007–2007
2 sentences

2007The statute of frauds “was adopted to give greater security to property; to guard against false contracts, set on foot by fraud and supported by perjury.” Hite v. Wells, 17 Ill. 88, 90 (1855).

2007The statute of frauds “was adopted to give greater security to property; to guard against false contracts, set on foot by fraud and supported by perjury.” Hite v. Wells, 17 Ill. 88, 90 (1855).

22

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 (2)

CaseCitedYears
Williams v. Corbet neutral
· 1862
1 sentence

2006Since the decisions in Williams v. Corbet, 28 Ill. 262 (1862), and Hartley Bros. v. Varner, 88 Ill. 561 (1878), were decided in the mid 1800s, the law on the applicability of the statute of frauds has seen significant change.

12006–2006
Hartley Bros. v. Varner neutral
ill · 1878
1 sentence

2006Since the decisions in Williams v. Corbet, 28 Ill. 262 (1862), and Hartley Bros. v. Varner, 88 Ill. 561 (1878), were decided in the mid 1800s, the law on the applicability of the statute of frauds has seen significant change.

12006–2006

Statutes the citing opinions construe

IL § 740 ILCS 80/1 (5)

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.

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