Mitchell v. Norman James Construction Co.

How courts have described this case

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

• explaining that granting of judgment on the pleadings in favor of a defendant who has never filed an answer in the action is the \functional equivalent of dismissing the complaint for failure to state a cause of action against that defendant\
• finding that a complaint which alleged facts that support an inference that a lien constituted an invalid cloud on the title to property stated a cause of action to quiet title
• explaining that granting of judgment on the pleadings in favor of a defendant who has never filed an answer in the action is the “functional equivalent of dismissing the complaint for failure to state a cause of action against that defendant”
• explaining that granting of judgment on the pleadings in favor of a defendant who has never filed an answer in the action is the “functional equivalent of dismissing the complaint for failure to state a cause of action against that defendant”
• refusing to dismiss an ICFA claim which aUeged that the defendant made false representations, concealed defective work, and failed to schedule required inspections “aU to induce the plaintiff to enter into the contract in the first instance”
• “As a matter of law, a conventional mortgagor-mortgagee relationship standing alone does not give rise to a fiduciary or confidential relationship.”

Source: CourtListener parenthetical corpus (CC0).