Plaintiff, a member and manager of a condominium building, filed a one-count complaint against defendants, owners of one condo unit, for specific performance, seeking a court order requiring the defendants to fulfill the terms of a sales contract plaintiffs entered into to sell the condominium building. The circuit court granted summary judgment in favor of the defendants and plaintiff appealed. The appellate court affirmed, finding that the meeting where the sales contract was approved was invalid for lack of proper notice and that plaintiff failed to demonstrate that there was any genuine issue of material fact regarding the defendants’ affirmative defenses that defeated plaintiff’s complaint for specific performance. (C.A. WALKER and TAILOR, concurring)
Illinois Appellate Court
Civil Court
Specific Performance