United States Seventh Circuit

In plaintiff's breach of contract suit against defendant-CitiFinancial, after an unsuccessful appeal of the trial court's dismissal of plaintiff's action to foreclose on a mortgage assigned to it by defendant, district court's grant of defendant's motion for summary judgment is reversed and remanded where: 1) the district court based its summary judgment decision primarily on a determination that defendant never agreed to deliver the note as part of the parties' agreement to transfer the mortgage, but whether they agreed on this term is a question of fact, and plaintiff presented enough evidence from which a reasonable fact finder could conclude that it was a part of the parties' agreement; and 2) district court's alternative basis for summary judgment, that defendant's alleged breach did not cause plaintiff's damages, was also erroneous as, under the circumstances of this case, the causation question should have been resolved in plaintiff's favor as a matter of law.

Appellate Information

• Argued 04/15/2009
• Decided 10/05/2010
• Published 10/05/2010

Judges

• SYKES

Court

• United States Seventh Circuit

Counsel