Trapp v. Barley

SHRUM, Chief Judge.

Elmer and Marie Anne Trapp (Plaintiffs) sued Dennis L. and Cheryl L. Barley, his wife, and Darrell L. and Marjorie M. Barley, his wife (Defendants), for return of an earnest money payment made by Plaintiffs as part of a real estate sales contract.1 Plaintiffs claim that the contract was “impliedly contingent” upon the sale of their Chicago home as that was necessary for them to qualify for financing. Therefore, Plaintiffs argue that the payment was refundable when they failed to sell their Chicago home and receive financing. Plaintiffs also sued for return of money they…