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SWIDLER v. LITVIN

Gen. No. 52,805.

107 Ill. App.2d 227 (1969)

246 N.E.2d 895

Lawrence D. Swidler, Plaintiff-Appellant, v. Thomas H. Litvin, and Chicago Title & Trust Company, as Escrowee Under Escrow Agreement Dated June 13, 1967, and Known as Escrow No. 303906, Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

Rehearing denied May 9, 1969.

Attorney(s) appearing for the Case

Swidler, Patt & Swidler, of Chicago, for appellant.

Arvey, Hodes & Mantynband, of Chicago (Morrie Much and Allen H. Dropkin, of counsel), for appellee.

MR. PRESIDING JUSTICE ADESKO delivered the opinion of the court.

This is an action by the plaintiff, a prospective purchaser of real estate, to recover earnest money deposited with an escrowee, pursuant to the terms of a written Escrow Agreement, on the ground that the contract of sale was oral and therefore unenforceable under the Statute of Frauds. The trial court granted defendantseller's motion for Judgment on the Pleadings, and plaintiff has appealed to this...

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