Radkiewicz v. Radkiewicz

PRESIDING JUSTICE O’MALLEY

delivered the opinion of the court:

Olympia Investments (Olympia) appeals from the judgment of the circuit court finding that Olympia breached its real estate contract with Edward E Radkiewicz and Robert J. Radkiewicz (the Radkiewiczes) and awarding the Radkiewiczes the earnest money that Olympia had put down on the contract. We reverse.

The following facts are taken from the bench trial on the Radkiewiczes’ claim. The Radkiewiczes, together with their brother William, were beneficiaries of a trust established by their parents. The primary asset of the trust was a…