Legal Opinion
YPI 180 N. LaSalle Owner, LLC v. 180 N. LaSalle II, LLC
Appellate Court of Illinois
Decided July 19, 2010No. 1-09-1797PublishedCited by 22 opinions
1Opinion of the Court
PRESIDING JUSTICE HALL
delivered the opinion of the court:
This appeal arises from the grant of a motion to dismiss brought under section 2 — 615 of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2 — 615 (West 2006)). The overarching issue before the court concerns the right of an assignee of a contract to rescind the contract on the ground of impossibility of performance. For the reasons that follow, we affirm.
The appeal focuses on two common-law doctrines of contract law: impossibility of performance, which is an affirmative defense to a breach of contract claim (Radkiewicz v.…
2Cases cited28 opinions
- United States v. Winstar Corp.Supreme Court of the United States · 1996
- Kel Kim Corp. v. Central Markets, Inc.New York Court of Appeals · 1987
- Lloyd v. MurphyCalifornia Supreme Court · 1944
- Seaboard Lumber Company and Capital Development Company v. United StatesCourt of Appeals for the Federal Circuit · 2002
- 407 East 61st Garage, Inc. v. Savoy Fifth Avenue Corp.New York Court of Appeals · 1968
23 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Innovative Modular Solutions v. Hazel Crest School District 152.5Illinois Supreme Court · 2012
- Palmolive Tower Condominiums, LLC v. SimonAppellate Court of Illinois · 2011
- Hassan v. YusufAppellate Court of Illinois · 2011
- Great Lakes Gas Transmission Ltd. Partnership v. Essar Steel Minnesota, LLCDistrict Court, D. Minnesota · 2012
- Downs v. Rosenthal Collins GroupAppellate Court of Illinois · 2011
17 more not listed; retrieve them via the Exa API.