Wagener v. Papie

609 N.E.2d 951, 242 Ill. App. 3d 354, 182 Ill. Dec. 417, 1993 Ill. App. LEXIS 109
CourtAppellate Court of Illinois
DecidedFebruary 3, 1993
Docket1-91-0860, 1-91-2346 cons.
StatusPublished
Cited by17 cases

This text of 609 N.E.2d 951 (Wagener v. Papie) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wagener v. Papie, 609 N.E.2d 951, 242 Ill. App. 3d 354, 182 Ill. Dec. 417, 1993 Ill. App. LEXIS 109 (Ill. Ct. App. 1993).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

On June 4, 1987, Edward J. Papie, defendant in this case, filed an action against Peggy Wagener for recovery of a ring which he gave her when the couple became engaged to be married. On July 7, 1987, plaintiffs Owen E Wagener, Lois K. Wagener and Peggy A. Wagener filed this action and gave notice of lis pendens with the Cook County recorder of deeds to recover property which they previously conveyed to defendant. On November 9, 1987, defendant filed a counterclaim against plaintiffs. The trial court later granted plaintiff Peggy Wagener summary judgment on count III of the above counterclaim on the basis that defendant terminated the couple’s engagement and that plaintiff Peggy Wagener was therefore entitled to keep the engagement ring. On January 28, 1988, John S. and Peggy A. Brennan, third-party purchasers of the property, filed an intervening complaint to quiet title and to obtain specific performance. The Brennans’ action is still pending.

On February 29, 1988, plaintiffs filed an 11-count amended equitable complaint against defendant to recover the subject property and to obtain damages at law. In addition, plaintiff Peggy Wagener, independently and in the alternative, sought an equitable half-interest in the real estate, profits and damages at law for defendant’s alleged breach of promise to marry. Plaintiffs and defendant filed cross-motions for summary judgment. On January 31, 1991, the trial court granted defendant’s motion for summary judgment and denied plaintiffs’ cross-motion for summary judgment. The trial court also denied plaintiff Peggy Wagener an equitable portion of defendant’s interest and money damages at law for defendant’s breach of promise to marry. Defendant then moved for sanctions pursuant to Illinois Supreme Court Rule 137. (134 111. 2d R. 137.) Plaintiffs moved to strike defendant’s motion and filed a cross-motion under the same rule. (134 111. 2d R. 137.) The trial court denied both motions. Subsequently, plaintiffs and defendant appealed and both appeals were consolidated by this court. We affirm in part, reverse in part and remand.

The issues before this court for review are: (1) whether the trial court erred in denying plaintiffs’ motion for summary judgment; (2) whether the trial court erred in granting defendant’s motion for summary judgment; (3) whether the trial court abused its discretion in denying defendant’s motion for sanctions pursuant to Illinois Supreme Court Rule 137 (134 111. 2d R. 137); and (4) whether the trial court abused its discretion in denying plaintiffs’ motion for sanctions pursuant to Illinois Supreme Court Rule 137. 134 111. 2d R. 137.

This cause arises out of the engagement of plaintiff Peggy Wagener to defendant. Peggy’s parents, Owen and Lois Wagener, in anticipation of their daughter’s marriage, sold the family home to defendant, their future son-in-law, as and for the couple’s marital home. Defendant refused to marry Peggy and then resold the subject property for a profit.

The subject property was located at 1714 Walnut Street in Wilmette, Illinois. The property included a residence which had been built by plaintiff Owen Wagener’s father and had been used first as his family home and later by plaintiffs as their family home.

On April 19, 1986, plaintiffs Owen and Lois Wagener entered into a real estate contract to purchase a smaller home for themselves in Glenview, Illinois. Owen and Lois Wagener then listed the Walnut Street property for sale to the general public through a realtor in July of 1986. The property was listed for approximately three months but the Wageners did not receive any offers to purchase the home. In late November of 1986, they elected to take the property off of the market.

In September of 1986, defendant and Peggy Wagener became engaged. The couple then began looking for a home which they would live in after their marriage. Ultimately, discussions took place between Owen Wagener and defendant concerning the sale of the subject property to defendant for use as the engaged couple’s marital home. In January of 1987, Owen and Lois Wagener agreed to convey title to the property to defendant at a price far below its market value.

Owen Wagener prepared a contract for the sale of the property. The contract listed Owen and Lois Wagener as the sellers and defendant as the purchaser. Owen Wagener maintained that he agreed to sell the property to defendant rather than to his daughter, Peggy Wagener, because defendant was more likely to be able to obtain a mortgage commitment than his daughter, since she had an erratic work history and inconsequential assets. The parties used the preprinted real estate sales contract traditionally employed for the sale of property on the North Shore. The standard contract provided that a purchaser must tender 10% of the price of the property for earnest money. When Owen Wagener prepared the contract, however, he deliberately struck the 10% earnest money requirement from the agreement and replaced it with a provision requiring defendant to pay nominal earnest money of $1,000 rather than $16,000 or 10%. The customary percentage of the cost of property required for earnest money was well known to defendant, who had taken at least one class in real estate transactions. Owen Wagener also asked that defendant execute a lease along with the contract to purchase the subject property. Owen Wagener later testified that he prepared the lease as a “safety valve” so that defendant could remain as a tenant on the subject property for a short period of time in the event that the marriage did not take place. The rent for the months of February and March was fixed at $250 and at $1,250 per month thereafter. Defendant executed both the real estate contract and the lease.

Defendant then applied to Provident Financial for a mortgage, disclosing that he was “about to be married” and that he was buying a home from a member of the family. Provident Financial had the property appraised and the appraiser recognized that it was worth more than the $160,000 purchase price.

Defendant later testified that he understood that the sale of the property was conditioned upon the consummation of the marriage. Defendant told the court, “it was understood *** we were getting married.” Defendant also stated that it was his understanding that he was “taking title, as it was Owen’s, and when I married his daughter, it would be joint property and she would have half of it.”

The couple took possession of the property prior to the closing in order to redecorate the home. Peggy Wagener moved her furniture and personal belongings into the house and defendant placed his Chicago condominium on the market for sale.

On April 4, 1987, two days prior to the scheduled closing, Father Raymond Dompke, the Papies’ parish priest, informed plaintiffs that he would not officiate at the scheduled wedding ceremony on April 9, 1987. The priest decided to postpone the scheduled Catholic ceremony on the basis of his impressions of the couple which he obtained during their requisite premarital counseling sessions.

Peggy Wagener testified that she responded to Father Dompke’s action by asking him if she and defendant could marry in a civil ceremony and have their marriage sanctioned by the Catholic church at a later date.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Marriage of Williams
2022 IL App (3d) 210296-U (Appellate Court of Illinois, 2022)
Hess v. Johnston
2007 UT App 213 (Court of Appeals of Utah, 2007)
Sanchez v. City of Chicago
817 N.E.2d 1068 (Appellate Court of Illinois, 2004)
Ver Brycke v. Ver Brycke
843 A.2d 758 (Court of Appeals of Maryland, 2004)
Ver Brycke v. Ver Brycke
822 A.2d 1226 (Court of Special Appeals of Maryland, 2003)
People v. Bowman
782 N.E.2d 333 (Appellate Court of Illinois, 2002)
People v. Bowman - Corrected Opinion
Appellate Court of Illinois, 2002
Peterson v. Randhava
729 N.E.2d 75 (Appellate Court of Illinois, 2000)
Peterson v. Randhava Second Opinion
Appellate Court of Illinois, 2000
Berg v. Mid American Industries Inc.
Appellate Court of Illinois, 1997
Berg v. Mid America Industrial, Inc.
688 N.E.2d 699 (Appellate Court of Illinois, 1997)
City of Chicago v. Chicago Fiber Optic Corp.
678 N.E.2d 693 (Appellate Court of Illinois, 1997)
Maywood Proviso State Bank v. York State Bank and Trust Co.
625 N.E.2d 83 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
609 N.E.2d 951, 242 Ill. App. 3d 354, 182 Ill. Dec. 417, 1993 Ill. App. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagener-v-papie-illappct-1993.