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· 12/12/2000

Catholic Charities of the Archdiocese of Chicago v. Thorpe

Citations

  • 741 N.E.2d 651
  • 318 Ill. App. 3d 304
  • 251 Ill. Dec. 764
  • 2000 Ill. App. LEXIS 955

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “[a]ll the Illinois cases that our research has disclosed that found a condition precedent to the formation of a contract contain express language on the face of the contract to support that construction”
  • stating that “[a]ll the Illinois cases that our research has disclosed that found a condition precedent to the formation of a contract contain express language on the face of the contract to support that construction”
  • held that a liquidated damages provision giving the seller the option to claim the earnest money as liquidated damages is unenforceable as a penalty
  • condition precedent found where intent is expressly stated on face of contract
  • “A condition precedent is one that must be met before a contract becomes effective or that is to be performed by one party to an existing contract before the other party is obligated to perform.” (quotation marks omitted)
  • “if the termination is caused by the Purchaser's fault, then at the option of the Seller and upon notice to the Purchaser, the earnest money shall be forfeited to the Seller … to be retained by the Seller as liquidated damages.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gordon

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.