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RADKIEWICZ v. RADKIEWICZ

No. 2-03-0878.

818 N.E.2d 411 (2004)

353 Ill. App.3d 251

288 Ill.Dec. 723

William RADKIEWICZ, Plaintiff and Counterdefendant, v. Edward F. RADKIEWICZ; Robert J. Radkiewicz, Indiv. and as Assignee of Lease by Berco Floral Company, Lessee; Fifth Third Bank, as Successor to Old Kent Bank, as Successor to Pinnacle Bank, as Successor to Suburban Trust and Savings Bank, not Indiv. but as Trustee under Trust Agreement dated November 19, 1973, and Known as Trust No. 2615, Defendants and Counterplaintiffs and Third-Party, Plaintiffs-Appellees (Olympia Investments, Defendant and Counterdefendant-Appellant; Colliers, Bennett and Kahnweiler, Third-Party Defendant).

Appellate Court of Illinois, Second District.

November 5, 2004.

Attorney(s) appearing for the Case

Timothy P. Dwyer, Law Office of Timothy P. Dwyer, St. Charles, for Olympia Investments, Inc.

John B. Kincaid, Mirabella & Kincaid, P.C., Wheaton, for Fifth Third Bank, Edward F. Radkiewicz, Robert J. Radkiewicz.

Presiding Justice O'MALLEY delivered the opinion of the court:

Olympia Investments (Olympia) appeals from the judgment of the circuit court finding that Olympia breached its real estate contract with Edward F. Radkiewicz and Robert J. Radkiewicz (the Radkiewiczes) and awarding the Radkiewiczes the earnest money that Olympia had put down on the contract. We reverse.

The following facts are taken from the bench trial on the Radkiewiczes' claim. The Radkiewiczes...

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