Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Schwinder v. Austin Bank of Chicago

Illinois Appellate Court
348 Ill. App. 3d 461, 809 N.E.2d 180, 284 Ill. Dec. 58 (2004)


On June 21, 2000, Thomas F. Schwinder and Susan L. Londay (plaintiffs) offered to purchase a condominium unit from Austin Bank of Chicago and Marian Baginski (defendants). On July 5, 2000, Baginski accepted the plaintiffs’ offer. The parties entered a real estate contract and set a date for closing. When the closing date arrived, however, Baginski did not deliver the deed to the unit. Baginski was in the process of obtaining a divorce and was uncertain whether the divorce court would permit the sale of the unit. Baginski signed a second agreement, modifying the first, allowing the plaintiffs to move in until Baginski could secure a closing, provided that the plaintiffs paid $1,500 per month. The divorce court eventually approved the sale of the unit, but despite the plaintiffs’ efforts to set a closing date, Baginski refused to set a closing date. The plaintiffs brought suit, seeking specific performance of the contract. The trial court held that the contract, as modified by the new agreement, was valid and enforceable, and granted specific performance.

Rule of Law


Holding and Reasoning (Gordon, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 510,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 510,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial