Birkmeier v. Herget National Bank

Plaintiff, Leslie E. Birkmeier, appealed from the judgment of the circuit court of Tazewell County entered in favor of defendant, the Herget National Bank of Pekin, administrator of the estate of Amos E. Fornoff, deceased, in plaintiffs action for specific performance of an option to purchase certain real estate. The appellate court reversed (114 Ill. App. 3d 201), and we allowed defendant’s petition for leave to appeal (87 Ill. 2d R. 315). The facts are adequately stated in the opinion of the appellate court and will be repeated here only to the extent necessary to discuss the issues.

As a…