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GROSSINGER MOTORCORP, INC. v. AMERICAN NAT. BANK AND TRUST CO.

No. 1-91-1376.

607 N.E.2d 1337 (1992)

240 Ill. App.3d 737

180 Ill.Dec. 824

GROSSINGER MOTORCORP, INC., Plaintiff-Appellant, Cross-Appellee, v. AMERICAN NATIONAL BANK AND TRUST CO., Defendants (4545 Touhy Company, Defendant-Appellee, Cross-Appellant).

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied February 5, 1993.

Attorney(s) appearing for the Case

Rudnick & Wolfe, Chicago (Mark L. Shapiro, Richard S. Huszagh, of counsel), for appellant.

Pretzel & Stouffer Chartered, Chicago (Robert Mark Chemers, Scott O. Reed, of counsel), for appellee.

Justice GORDON delivered the opinion of the court.

Plaintiff, an automobile dealership, entered into a contract to purchase a tract of land from defendant-appellee 4545 Touhy Company (hereinafter defendant) and pursuant to this contract deposited $100,000 earnest money into an escrow. The contract contained the condition that the property be rezoned for its use as an automobile dealership and imposed the duty of diligently pursuing such rezoning on plaintiff.

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