Greenberg v. Waukegan-Caldwell Building Corp.

Plaintiff, Irving M. Greenberg, instituted a suit for specific performance of a written contract to sell real property against the vendor, defendant Waukegan-Caldwell Building Corporation. Upon motion of defendant the circuit court dismissed the complaint for want of equity. Plaintiff has appealed directly to this court on the ground that a freehold is involved. Schiro v. Gould & Co. 18 Ill.2d 538.

It appears from the pleadings that plaintiff and defendant entered into a contract for the sale of certain real estate for a price of $1,850,000 on December 13, 1961. The principal provisions of the…