Galler v. Galler

32 Ill. 2d 16, 203 N.E.2d 577 (1964)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

Galler v. Galler

Illinois Supreme Court
32 Ill. 2d 16, 203 N.E.2d 577 (1964)

SC
Play video

Facts

Benjamin and Isadore Galler were brothers and equal partners in the Galler Drug Company (GDC). In 1955, they executed an agreement to ensure that after the death of the one of the brothers, the immediate family of the deceased would maintain equal control of GDC. In 1956, Benjamin created a trust with his shares of GDC and named his wife, Emma (plaintiff), as trustee. Benjamin died in December 1957. Prior to Benjamin’s death, Isadore, Isadore’s wife, Rose, and Isadore’s son, Aaron (defendants) had decided that they were not going to honor the agreement. When Emma presented Benjamin’s stock certificates to the defendants to transfer the certificates into her name, the defendants tried to convince Emma to abandon the agreement. Emma refused but agreed to let Aaron become the president of GDC for one year without interference in exchange for Aaron reissuing Benjamin’s stock in Emma’s name. Subsequently, Emma demanded enforcement of the terms of the agreement guaranteeing her equal control, dividends each year, and a continuation of Benjamin’s salary. The defendants refused, and Emma brought suit. The lower court ruled that the agreement was void because “the undue duration, stated purpose and substantial disregard of the provisions of the Corporation Act outweigh any considerations which might call for divisibility” of the agreement. The court thus ruled that the public-policy implications of the agreement rendered it void. Emma appealed.

Rule of Law

Issue

Holding and Reasoning (Underwood, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 825,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 825,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 989 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 825,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 989 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership