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SJS INVESTMENTS, LTD. v. 450 EAST PARTNERSHIP

No. 1-91-0801.

597 N.E.2d 1213 (1992)

232 Ill. App.3d 429

174 Ill.Dec. 1

SJS INVESTMENTS, LTD., an Illinois corporation, Plaintiff-Appellant, v. The 450 EAST PARTNERSHIP, a/k/a The 450 East Ohio Partnership, individually and as beneficial owner of 450 East Ohio Street, Chicago, Illinois, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

July 17, 1992.

Attorney(s) appearing for the Case

Stephen J. Schostok, Laser, Schostok, Kolman & Frank, Chicago, for plaintiff-appellant.

Gerald D. Mindell, Sperling, Slater & Spitz, Chicago, for defendant-appellee.

Justice LORENZ delivered the opinion of the court:

Plaintiff, SJS Investments, Ltd., appeals from an order granting summary judgment on its complaint for specific performance in favor of defendant, the 450 East Partnership. We consider whether plaintiff elected its remedy under the contract when it requested the return of its earnest money. For the following reasons, we affirm.

In plaintiff's complaint, it alleged that on February 1, 1988, it contracted with...

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