Burns v. Epstein

On June 7, 1951, Harold Burns, the purchaser under a contract for the sale of real estate, brought suit for specific performance in the superior court of Cook County. Joseph Epstein, the seller under the contract, and Liberty National Bank of Chicago, a trustee holding legal title for him, were made defendants. A motion to dismiss the complaint as amended was granted by the superior court, and plaintiff appeals directly to this court.

Under the allegations of the complaint as admitted by the motion, legal title to the property is held by the bank in trust for the sole benefit of Epstein, who…