Phillips v. McCullough

Both the plaintiff-counterdefendant, Wayland Phillips, and the defendant-counterplaintiff, Andrew McCullough, as executor of the estate of his mother, Mary McCullough, f/k/a Mary Josephine Phillips (the decedent), appeal from the trial court’s entry of judgment in favor of the defendant on the plaintiff’s complaint for specific performance and on the defendant’s counterclaim for declaratory judgment. At issue on appeal is whether section 6.55 of the Business Corporation Act of 1983 (the Act) (805 ILCS 5/6.55 (West 1994)), which permits written restrictions on the transfer or registration of…