BELLEVILLE – A Canadian citizen has filed a breach of contract lawsuit against an Illinois resident, claiming he sold a Cahokia property to someone else after entering into a contract with the plaintiff.
Plaintiff Lorie Mason filed the lawsuit in the St. Clair County Circuit Court against Ricky D. Sminchak and Mississippi Apartments, LLC, citing negligence and breach of contract.
According to the lawsuit, Mason is a Canadian citizen residing in Canada. She entered into a contract to buy commercial property located in Cahokia from Sminchak, a resident of Illinois, on Oct. 6, 2021.
On Feb. 17, 2022, the plaintiff filed an Affidavit of Memorandum of Agreement Concerning Real Estate with the St. Clair County Recorder of Deeds. Despite this, Sminchak allegedly sold the property to Mississippi Apartments on April 2, 2022.
The lawsuit states that Sminchak breached the contract by failing to complete the contract to sell the property to Mason after she performed and satisfied all of the conditions under the terms of their agreement. Mason adds that she has incurred legal fees to complete and enforce the contract.
The plaintiff is seeking damages in excess of $50,000, plus court costs, attorney fees and any other relief the court deems proper. She is also seeking a judgement ordering Sminchak to complete the obligations outlined in the contract. She is represented in this case by attorney Brian D. Flynn of Flynn, Guymon, & Garavalia in Belleville.
St. Clair County Circuit Court case number 23LA0620