Giannini v. First Nat'l Bank of Des Plaines
Illinois Appellate Court
483 N.E.2d 924 (1985)
Giannini (plaintiff) contracted to purchase a certain condominium unit in a newly constructed complex. The complex consisted of several buildings, some of which were declared as condominiums and others as rentals. The building in which Giannini’s unit was located was not declared a condominium, although it was originally supposed to be. Giannini sued First National Bank of Des Plaines, the record owner of the complex pursuant to a land trust agreement; Stape Builders, Inc., the developer; and Unity Savings Association, the mortgage holder, for delivery of his condominium unit. Shortly after Giannini filed the complaint, the Secretary of State of Illinois dissolved Stape Builders for failure to pay franchise taxes. Unity argued that specific performance was inappropriate because it would be uneconomical given the poor real estate market. The trial court dismissed the complaint because the condominium did not “exist” and could not be delivered, and doing so would cause Unity financial hardship. Giannini appealed.
Rule of Law
Holding and Reasoning (Jiganti, J.)
What to do next…
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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
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. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.