Frank Rosenberg, Inc. v. Carson Pirie Scott & Co.

In this action the plaintiffs seek specific performance of separate agreements concerning the sale of two tracts of land, or alternatively, damages for breach of the agreements. The circuit court of Tazewell County entered a decree allowing motions for summary judgment for the defendants and the plaintiffs have appealed directly to this court. A freehold is involved.

The two parcels of land are adjacent, and both have been acquired by Carson Pirie Scott & Co. for the construction of a shopping center. While there is much in the arguments of the parties that is common to both tracts, there are…