IN RE ESTATE OF CONSTANTINE

No. 1-98-2178.

711 N.E.2d 1190 (1999)

305 Ill. App.3d 256

238 Ill.Dec. 529

In re ESTATE OF Nicholas J. CONSTANTINE, Deceased (Frank Pollack and Byron Weis, Claimants/Third-Party Plaintiffs/Appellants, v. Estate of Nicholas J. Constantine, Respondent, and The Lurie Company, Third-Party Defendant/Appellee).

Appellate Court of Illinois, First District, Fourth Division.

May 20, 1999.


Attorney(s) appearing for the Case

Levin, McParland, Phillips & Minetz, L.L.C., Chicago (Robert S. Minetz and James J. Legner, of counsel), for Appellants.

Arnstein & Lehr, Chicago (Arthur L. Klein, Kurt J. Heinz and Patti S. Levinson, of counsel), for Appellee.


Justice WOLFSON delivered the opinion of the court:

The question: When is a document entitled "Release" not a release?

Our answer: When the people who sign it intend it to be something else.

In this case, the trial court determined the "Release And Settlement Agreement" was intended by the signators to be a covenant not to sue. We agree, and we affirm the trial court's grant of summary judgment.

FACTS

This appeal...

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