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O'MALLEY v. CUMMINGS

Gen. No. 51,571.

86 Ill. App.2d 446 (1967)

229 N.E.2d 878

Michael J. O'Malley and Beverly Bank, an Illinois Banking Corporation, as Trustee Under Trust No. 8-0644, Plaintiffs-Appellees, v. Nathan Cummings, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

September 14, 1967.

Attorney(s) appearing for the Case

Hopkins, Sutter, Owen, Mulroy, Wentz & Davis, of Chicago (Anderson A. Owen, Thomas C. Shields, and George Kelm, of counsel), for appellant.

Altheimer, Gray, Naiburg, Strasburger & Lawton, of Chicago (Lionel G. Gross, Norman M. Gold, and Roger B. Harris, of counsel), for appellees.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

In an amended complaint the plaintiffs, Michael O'Malley and the Beverly Bank, as beneficiary and trustee respectively of a trust agreement, sought specific performance of a contract. By the contract the defendant, Nathan Cummings, had agreed to sell a parcel of improved real estate to the bank's assignor, Harold Richter. Opposing motions for summary judgment were filed, that of the plaintiffs was granted, specific...

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