Legal Opinion

Osten v. Shah

Appellate Court of Illinois

Decided March 8, 1982No. 81-491, 81-347 consPublishedCited by 27 opinions

1Opinion of the CourtJustice Heiple

court:

Bruce and Linda Osten, plaintiffs, filed a complaint for breach of contract against Jitendra and Daksha Shah, defendants. Allegedly, the Shahs failed to abide by the terms of a real estate contract concerning the sale of plaintiffs’ home. Defendants filed a counterclaim seeking the return of their earnest money. The Shahs obtained summary judgments on the complaint and counterclaim. Mr. and Mrs. Osten appeal.

Was awarding summary judgment on both claims proper? This lone inquiry is the gist of plaintiffs’ appeal.

In 1978 the Ostens owned a home located in Peoria, Illinois. Because Mr.…

2Cases cited2 opinions

  1. Martindell v. Lake Shore National BankIllinois Supreme Court · 1958
  2. Finley v. New York Central RailroadIllinois Supreme Court · 1960

3Cited by27 opinions

  1. Dayan v. McDonald's Corp.Appellate Court of Illinois · 1984
  2. Rao v. RaoCourt of Appeals for the Seventh Circuit · 1983
  3. First National Bank of Cicero v. SylvesterAppellate Court of Illinois · 1990
  4. Agrimerica, Inc. v. MathesAppellate Court of Illinois · 1990
  5. E.B. Harper & Company, Incorporated v. Nortek, IncorporatedCourt of Appeals for the Seventh Circuit · 1997

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