S J S Investments, Ltd. v. 450 East Partnership

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 defendant to buy real property located at 450 East Ohio in Chicago. Under the contract, which was attached to the complaint, plaintiff was required to deposit earnest money which would be…