Swartzberg v. Dresner

PRESIDING JUSTICE JOHNSON

delivered the opinion of the court:

This action was originally brought to recover losses sustained by plaintiff, Thelma Swartzberg, from investments made by defendant’s husband. Plaintiff sought to impose a constructive trust on the proceeds of the sale of defendant’s home based on defendant’s alleged promise to repay plaintiff. The trial judge entered judgment in favor of plaintiff on the issue of liability but denied the request for imposition of a constructive trust.

From this judgment, defendant appeals, presenting the following issues for review: (1) whether the…