Joseph Giddan & Sons v. Northbrook Trust & Savings Bank

I respectfully dissent from the majority’s conclusion that an enforceable contract exists. I would affirm the holding of the trial court that the contract lacks an essential term with regard to the cross-easements.

Any possible obligation to establish easements stems first from paragraph 10 of the contract and then from the relevant municipal action. The majority focuses almost exclusively on the municipal action which required that “appropriate easements” be established prior to recording the deed. The majority views paragraph 10 as language which merely “underscores the plaintiff’s…