Giannini v. First Nat’l Bank of Des Plaines case brief
Giannini v. First Nat’l Bank of Des Plaines case brief summary
483 N.E.2d 924 (1985)
Plaintiff purchaser filed suit against
defendants, titleholder, developer, and mortgage holder, after he did
not receive a condominium for which he had executed a purchase
agreement. The Circuit Court of Cook County (Illinois) granted the
mortgage holder's motion to dismiss the count of the complaint
requesting specific performance and denied the purchaser leave to
file an amended complaint. The purchaser appealed.
CASE FACTS The purchaser and the developer executed
an agreement for the purchase to buy a condominium that was to be
constructed, and the purchaser paid a large amount of earnest money
on the property. Although the building containing the property was
constructed, it was never formally declared a condominium and as a
result the terms of the agreement were never fulfilled. The purchaser
argued that he was entitled to specific performance and money damages
and that he should have been allowed to amend his complaint. The
mortgage holder argued that it now controlled the property, that
specific performance was impossible, and that res judicata prohibited
the amendment of the purchaser's complaint.
The court concluded that:
(1) the unit in question physically existed;
(2) the mortgage holder
had retained control of the property through a foreclosure
(3) any "non-existence" claimed by the mortgage
holder was due to the mortgage holder's refusal to declare the
building a condominium;
(4) the condominium was real property;
specific performance was an available remedy; and
(6) allowing the
purchase to amend his complaint did not prejudice the mortgage
The court reversed the trial court order dismissing the cause of
action for specific performance and reversed the order denying the
purchaser leave to amend his complaint. The court remanded for
further proceedings. Suggested law school study materials
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