Stone v. McCarthy

PRESIDING JUSTICE SULLRAN

delivered the opinion of the court:

This appeal is from the dismissal of a complaint for a declaratory and injunctive relief, an accounting, the imposition of a constructive trust and damages.

Plaintiff, Jutta Stone, filed a three-count amended verified complaint alleging, essentially, that defendant, Daniel McCarthy, committed a breach of a fiduciary duty arising out of an oral agreement reached by them concerning the purchase of a certain parcel of land. Specifically, Stone alleged that in March 1986 she discussed with McCarthy — a builder who had constructed a home…