CHAPMAN v. ENGEL

No. 1-06-0791.

865 N.E.2d 330 (2007)

Todd J. CHAPMAN and Wendi L. Chapman, Plaintiffs-Counterdefendants-Appellants, v. Robert S. ENGEL and Linda R. Engel, Defendants-Counterplaintiffs-Appellees.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied April 26, 2007.


Attorney(s) appearing for the Case

Marc C. Smith, Mary T. Nicolau, Smith Davies & Nicolau, Chicago, Richard A. Del Giudice, Gozdecki & Del Giudice, Chicago, for Appellants.

James E. Halloran, Deutsch, Levy & Engel, Chartered, Chicago, for Appellees.


Presiding Justice WOLFSON delivered the opinion of the court:

We are called on to construe a fee-shifting provision in a home purchase contract, no simple matter considering the way the bench trial concluded.

Each side claimed the other materially breached the contract. The trial court held neither one of them did, although the plaintiffs did get back the earnest money they sued for.

Plaintiffs contend they should be awarded attorney fees and costs...

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