December 22, 2008
CFC INVESTMENT, L.L.C., ) Appeal from the
) Circuit Court
Plaintiff-Appellant, ) of Cook County.
) No. 04 L 24
DANIEL E. MCLEAN, individually and )
doing business as MCL COMPANIES, ) Honorable
) Daniel J. Kelley,
Defendant-Appellee. ) Judge Presiding.
JUSTICE WOLFSON delivered the opinion of the court:
CFC Investment sued Daniel McLean for breach of a contract to
purchase CFC's interest in a real estate venture. McLean answered
that he never offered to buy CFC's interest. That is, there was no
contract. The trial court entered judgment on the jury's verdict in
favor of McLean. On appeal, CFC contends the trial court erred by
(1) allowing parol evidence, (2) disallowing an admission McLean
made at his deposition, (3) disallowing evidence of mismanagement,
(4) refusing a proposed instruction on agency, (5) answering the
jury's question, and (6) denying CFC's motion for a new trial or a
judgment notwithstanding the verdict. We affirm.
Some factual detail is required for an analysis of the jury's
In 1997 Peer Pedersen and Daniel McLean formed River East, LLC,
to build residential and commercial buildings on land north of the