PHELPS v. O'MALLEY

No. 2-86-0849.

159 Ill. App.3d 214 (1987)

511 N.E.2d 974

FRANK K. PHELPS et al., Plaintiffs-Appellees, v. MICHAEL J. O'MALLEY, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied August 28, 1987.


Attorney(s) appearing for the Case

Rathje, Woodward, Dyer & Burt, of Wheaton (Peter A. Zamis, of counsel), for appellant.

Portes, Sharp, Herbst & Kravets, Ltd., of Chicago (David I. Herbst, of counsel), for appellees.


Affirmed in part, and reversed in part and remanded.

JUSTICE DUNN delivered the opinion of the court:

On June 30, 1979, plaintiffs, Frank K. Phelps and Robert W. Topping, entered into a contract to purchase 10 enumerated lots in Trinity Lakes Unit II, an Oak Brook, Illinois, subdivision, from defendant, Michael J. O'Malley. The contract price was $800,000. Plaintiffs paid $80,000 earnest money to defendant. The deal never closed, though, and defendant subsequently...

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