CLASSIC CHEESECAKE COMPANY v. JPMORGAN CHASE BANK

No. 07-3910.

546 F.3d 839 (2008)

CLASSIC CHEESECAKE COMPANY, INC., et al., Plaintiffs-Appellants, v. JPMORGAN CHASE BANK, N.A., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 17, 2008.

Rehearing Denied November 4, 2008.


Attorney(s) appearing for the Case

Steven T. Fulk (argued), Fulk & Associates, Indianapolis, IN, for Plaintiffs-Appellants.

Alan S. Brown (argued), Locke Reynolds, Indianapolis, IN, for Defendant-Appellee.

Before POSNER, FLAUM, and EVANS, Circuit Judges.


POSNER, Circuit Judge.

This appeal requires us to interpret a gloss that the Indiana courts have placed on their state's statute of frauds: an oral agreement that the statute of frauds would otherwise render unenforceable creates a binding contract if failing to enforce the agreement would produce an "unjust and unconscionable injury and loss." E.g., Brown v. Branch, 758 N.E.2d 48, 52 (Ind. 2001). The issue arises from the...

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