PATEL v. BURKE

No. 80-3145.

102 Ill. App.3d 554 (1981)

430 N.E.2d 162

ISHWARLAL M. PATEL et al., Plaintiffs-Appellees, v. RICHARD BURKE et al., Defendants-Appellants.

Appellate Court of Illinois — First District (5th Division).

Opinion filed December 11, 1981.


Attorney(s) appearing for the Case

Thomas M. Hogan and Shelmerdeane A. Miller, both of Chicago, for appellants.

Ronald A. Nyberg, of Querrey, Harrow, Gulanick & Kennedy, Ltd., of Chicago, for appellees.


Reversed and remanded.

PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

Defendants appeal the entry of summary judgment for plaintiffs in an action seeking the refund of the earnest money deposited by plaintiffs pursuant to a real estate sales contract. The sole question presented is the propriety of the summary judgment.

It appears that on October 1, 1977, plaintiffs entered into a real estate contract to purchase defendants' home and...

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