Sherwood Commons Townhome Owners Ass'n v. DuBois

12 Citing cases

  1. Modrowski v. Richards

    2022 Ill. App. 3d 210369 (Ill. App. Ct. 2022)

    Lastly, Richards argues the trial court erred in finding laches did not apply to bar the complaint. ¶ 20" 'The elements of a breach of contract claim are: (1) the existence of a valid and enforceable contract; (2) performance by the plaintiff; (3) breach of contract by the defendant; and (4) resultant injury to the plaintiff" Sherwood Commons Townhome Owners Ass 'n. v. DuBois, 2020 IL App (3d) 180561, ¶ 28 (quoting Henderson-Smith & Associates, Inc. v. Nahamani Family Service Center, Inc., 323 Ill.App.3d 15, 27 (2001)). When interpreting a contract, the primary goal is to give effect to the intent of the drafters by interpreting the contract as a whole and giving plain and ordinary meaning to its terms.

  2. Rahimzadeh v. ACE Am. Ins. Co.

    22 C 7056 (N.D. Ill. Sep. 20, 2023)

    Sherwood Commons Townhome Owners Ass'n, Inc. v. Dubois, 148 N.E.3d 900, 912 (Ill.App.Ct. 2020) (quoting Farm Credit Bank of St. Louis v. Whitlock, 581 N.E.2d 664, 667 (Ill. 1991)). If the court determines that the contract contains an ambiguity, “construction of the contract becomes a question of fact and extrinsic evidence is admissible to ascertain the parties' intent.”

  3. Solidarity Ltd. v. Jeffex LLC

    20 CV 1456 (N.D. Ill. Mar. 29, 2023)

    (internal quotation marks omitted). “Whether a contract is ambiguous is a question of law for the trial court.” Sherwood Commons Townhome Owners Assoc., Inc. v. Dubois, 148 N.E.3d 900, 912 (Ill. App. 2020). If the court “determines that a contract is ambiguous, its construction then becomes a question of fact,” Hunt, 831 N.E.2d at 1102, and extrinsic evidence is admissible to resolve the ambiguity, see Gomez v. Bovis Lend Lease, Inc., 22 N.E.3d 1, 4 (Ill. App. 2013).

  4. Life Spine, Inc. v. Aegis Spine, Inc.

    19 CV 7092 (N.D. Ill. Jan. 30, 2023)

    A contract is ambiguous “if it is capable of being understood in more sense than one.” Sherwood Commons Townhome Owners Ass'n, Inc. v. Dubois, 148 N.E.3d 900, 912 (Ill.App.Ct. 2020).

  5. Platinum Inc. v. Infinite Transp., LLC

    3:21-cv-50061 (N.D. Ill. Jul. 19, 2021)   Cited 1 times

    The elements are (1) a valid and enforceable contract; (2) the plaintiff performed on the contract, (3) the defendant breached the contract, and (4) the breach resulted in an injury to the plaintiff. Sherwood Commons Townhome Owners Ass'n v. DuBois, 2020 IL App. (3d) 180561, ¶ 28. Infinite argues that this Court should dismiss Platinum's breach of contract claim because it has failed to affirmatively allege every element listed above.

  6. LLT Grp. v. Duman

    2025 Ill. App. 3d 230763 (Ill. App. Ct. 2025)

    ¶ 56 The elements of a breach-of-contract claim are a valid and enforceable contract, performance by the plaintiff, breach of the contract by the defendant, and a resultant injury to the plaintiff. Sherwood Commons Townhome Owners Ass'n v. DuBois, 2020 IL App (3d) 180561, ¶ 28

  7. Goodberlet Home Servs. v. Girard

    2024 Ill. App. 3d 230566 (Ill. App. Ct. 2024)

    The elements of a breach-of-contract claim are a valid and enforceable contract, performance by the plaintiff, breach of the contract by the defendant, and injury to the plaintiff resulting from the breach. Sherwood Commons Townhome Owners Ass'n v. DuBois, 2020 IL App (3d) 180561, ¶ 28. The interpretation of a contract presents a question of law and is therefore reviewed de novo.

  8. Hickory Heights Condo. Unit No. 1 v. Okoye

    2023 Ill. App. 221023 (Ill. App. Ct. 2023)

    ¶ 15 The Eviction Act outlines the necessary steps and proceedings to determine the right and restoration of possession to land and property. In order to prevail in an eviction action regarding condominium property, the association must establish (1) common expenses or other expenses that were lawfully agreed upon were owed, (2) the unit owner failed to pay, and (3) the amount owed. Sherwood Commons Townhome Owners Ass'n, Inc. v. Dubois, 2020 IL App (3d) 180561, ¶ 21 (citing Board of Managers of Dunbar Lakes Condominium Ass'n II v. Beringer, 94 Ill.App.3d 442, 447 (1981); North Spaulding Condominium Ass'n v. Cavanaugh, 2017 IL App (1st) 160870, ¶ 25. ¶ 16 Okoye's standing argument concerns the formation of the board of managers as the association's managing body, including its right to assess the eight condominium unit owners for their common use of electric service, water and sewage service, snow removal, legal services, building maintenance, and other various expenses which the community incurred.

  9. Morgan's Orchard Lake Homeowners' Ass'n v. Morgan

    2022 Ill. App. 3d 220006 (Ill. App. Ct. 2022)

    ¶ 26 The construction of a statute is a question of law that we also review de novo. Sherwood Commons Townhome Owners Association, Inc. v. Dubois, 2020 IL App (3d) 180561, ¶ 17. In construing a statute, the function of the court is to ascertain and give effect to the intent of the legislature, and we presume that in enacting the legislation the General Assembly did not intend absurdity, inconvenience, or injustice.

  10. Holtgren v. 260 Jamie Lane Condo. Ass'n

    2022 Ill. App. 2d 210440 (Ill. App. Ct. 2022)   1 Legal Analyses

    We disagree that the definition of unit is ambiguous and further note that any purported ambiguity would be resolved against Holtgren, as the drafter of the declaration. See Sherwood Commons Townhome Owners Ass 'n v. Dubois, 2020 IL App (3d) 180561, ¶ 31. ¶ 31 Preliminarily, without citation to authority, the association argues that the recital in the declaration's amendment has no operational effect (although it did not raise the same challenge to reliance upon the intent recitals in the initial declaration).