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SCHWINDER v. AUSTIN BANK OF CHICAGO

No. 1-03-0566.

809 N.E.2d 180 (2004)

348 Ill. App.3d 461

284 Ill.Dec. 58

Thomas F. SCHWINDER and Susan L. Londay, Plaintiffs-Appellees, v. AUSTIN BANK OF CHICAGO, Trustee under Trust Agreement Dated February 24, 1978, and Known as Trust No. 5861, and Marian Baginski, Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

April 26, 2004.

Attorney(s) appearing for the Case

Thomas A. Else, Thomas A. Else, P.C. & David A. Carrabotta, Chicago, for Appellants.

Michael A. Haugh, Veverka, Rosen & Haugh, Chicago, for Appellees.

Justice GORDON delivered the opinion of the court:

The instant suit arises from a chancery action filed by plaintiffs, Thomas F. Schwinder and Susan L. Londay, seeking specific performance of a condominium purchase contract against defendants, Austin Bank of Chicago and Marian Baginski. Baginski subsequently filed a counterclaim, seeking possession of the condominium unit and claiming a rental rate of $1,500 per month....

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