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BURKE v. 401 N. WABASH VENTURE, LLC

No. 11-3208.

714 F.3d 501 (2013)

Michael BURKE, Plaintiff-Appellant, v. 401 N. WABASH VENTURE, LLC, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 10, 2013.

Attorney(s) appearing for the Case

Thomas F. Courtney, Jr., Thomas F. Courtney & Associates PC, Palos Heights, IL, John S. Xydakis (argued), Forest Park, IL, for Plaintiff-Appellant.

Stephen Novack (argued), Novack & Macey LLP, Chicago, IL, for Defendant-Appellee.

Before ROVNER, WILLIAMS, and TINDER, Circuit Judges.

WILLIAMS, Circuit Judge.

Michael Burke signed a contract to purchase a condominium unit and two parking spaces in the Trump International Hotel & Tower in downtown Chicago for about $2.2 million. Burke made two earnest payments totaling 20% of the purchase price. When it came time to close, however, Burke refused to pay. He filed this lawsuit after the developer declined to refund his earnest money. Burke maintains that the developer made a material change when...

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