Swidler v. Litvin

MR. PRESIDING JUSTICE ADESKO

delivered the opinion of the court.

This is an action by the plaintiff, a prospective purchaser of real estate, to recover earnest money deposited with an escrowee, pursuant to the terms of a written Escrow Agreement, on the ground that the contract of sale was oral and therefore unenforceable under the Statute of Frauds. The trial court granted defendant-seller’s motion for Judgment on the Pleadings, and plaintiff has appealed to this court. The sole issue we are confronted with is whether the trial court properly granted such motion.

On June 11, 1967, plaintiff, as…