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ROSENBERG, INC. v. CARSON PIRIE SCOTT CO.

No. 37684.

28 Ill.2d 573 (1963)

193 N.E.2d 823

FRANK ROSENBERG, INC., et al., Appellants, v. CARSON PIRIE SCOTT & Co., et al., Appellees.

Supreme Court of Illinois.

Opinion filed September 27, 1963.

Attorney(s) appearing for the Case

SIDNEY D. DAVIDSON and JOHN F. SLOAN, of Peoria, for appellants.

HAROLD H. KUHFUSS, of Pekin, for appellees the Kerasotes.

RICHARD H. RADLEY and DAVIS, MORGAN & WITHERELL, both of Peoria, and WILLIAM B. GARRETT, of Chicago, for appellees Carson Pirie Scott & Co., John T. Connors, and Joseph S. Ehrman.

EDWIN V. CHAMPION and ARTHUR B. COPELAND, both of Peoria, for appellee McGrath Sand and Gravel Co.

Decree affirmed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

In this action the plaintiffs seek specific performance of separate agreements concerning the sale of two tracts of land, or alternatively, damages for breach of the agreements. The circuit court of Tazewell County entered a decree allowing motions for summary judgment for the defendants and the plaintiffs have appealed directly to this court. A freehold is involved.

The two...

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