Madigan v. Buehr

MR. PRESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

The issue in this appeal is whether the beneficiary of a land trust has the right to contract for the sale of the trust property.

The plaintiff, Elaine Madigan, agreed to sell a two-apartment building to the defendants, George and Margo Buehr, for $30,000. At the time the contract was executed the real estate was in a land trust of which Mrs. Madigan was the sole beneficiary. The Buehrs deposited a $4,000 check with Mrs. Madigan’s agent as earnest money, with the written understanding that if they defaulted on the terms of the…