Truman L. Flatt & Sons Co. v. Schupf
Illinois Appellate Court
649 N.E.2d 990 (1995)
Schupf, Neiswander, and American National Bank and Trust Company of Chicago (the owners) (defendants) agreed to sell Truman L. Flatt & Sons Co. (Truman) (plaintiff) a parcel of land. The parties entered into a real estate contract that was contingent upon Truman’s successful rezoning of the property. After a zoning meeting, Truman sent the owners a letter dated May 21, indicating that there was strong opposition to the rezoning request. However, Truman also stated in that letter that it was still interested in the property, though the property was now worth less to it than the price originally agreed upon. Truman requested a modification of the price term. The owners responded in a letter dated June 9, rejecting the requested modification of the price term. Truman sent a letter dated June 14, stating that it still intended to purchase the property for the original price. The owners responded by a letter dated July 8, stating that they considered the contract voided due to Truman’s requested modification of the price term. The owners refused to perform under the contract. Truman filed suit, seeking specific performance of the contract and other relief. The owners filed a motion for summary judgment, arguing that Truman had repudiated the contract. During discovery, the owners responded to interrogatories stating that they had not entered into discussions to sell the property to another party, nor had they entered into any agreement to do so. The trial judge granted the motion. Truman appeals to the Illinois Appellate Court.
Rule of Law
Holding and Reasoning (Knecht, 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.