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OSTEN v. SHAH

Nos. 81-491, 81-347 cons.

104 Ill. App.3d 784 (1982)

433 N.E.2d 294

BRUCE W. OSTEN et al., Plaintiffs and Counterdefendants-Appellants, v. JITENDRA J. SHAH et al., Defendants and Counterplaintiffs-Appellees.

Appellate Court of Illinois — Third District.

Opinion filed March 8, 1982.

Attorney(s) appearing for the Case

Joseph E. Winne, of Nicol, Newell, Prusak & Winne, of Peoria, for appellants.

Brent H. Gwillim, of Heyl, Royster, Voelker & Allen, of Peoria, for appellees.

Reversed and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

Bruce and Linda Osten, plaintiffs, filed a complaint for breach of contract against Jitendra and Daksha Shah, defendants. Allegedly, the Shahs failed to abide by the terms of a real estate contract concerning the sale of plaintiffs' home. Defendants filed a counterclaim seeking the return of their earnest money. The Shahs obtained summary judgments on the complaint and counterclaim....

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