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SMART OIL, LLC v. DW MAZEL, LLC

No. 19-2542.

970 F.3d 856 (2020)

SMART OIL, LLC, Plaintiff-Appellee, v. DW MAZEL, LLC, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 2020.

Rehearing Denied September 4, 2020.

Attorney(s) appearing for the Case

Jeffrey E. Crane , Attorney, Chicago, IL, for Plaintiff-Appellee.

Kevin M. Lougachi , Attorney, Law Offices of Kevin Lougachi, Chicago, IL, for Defendant-Appellant.

Before Manion, Barrett, and Brennan, Circuit Judges.

Smart Oil, LLC agreed to sell thirty parcels of land with gas stations and convenience stores to DW Mazel, LLC ("DWM"). DWM failed to close under the agreement, which by its terms granted Smart Oil the earnest money for the transaction as liquidated damages. But DWM never paid that money, and Smart Oil sued. DWM counterclaimed...

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