Hofmann v. Hofmann

I do not agree with the majority opinion’s holding as to the Sackville farm. I think this opinion does violence to the holding of this court in Johnson v. La Grange State Bank (1978), 73 Ill. 2d 342, and to the settled law in this State.

Although one may suspicion fraud on the facts of this case, there is no clear and convincing proof to support such a finding. The decisions Roger made to prefer payments on the combine, bins and the McManus farm over the Sackville farm proved to be sound business judgment because it permitted him to continue to farm the same acreage and to keep the equipment…