Patel v. McGrath

              No. 2--06--0472 Filed: 6-29-07
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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PRANAV PATEL and JYOTIKA PATEL, ) Appeal from the Circuit Court
) of Du Page County.
Plaintiffs-Appellants, ))
v. ) No. 06--CH--511
)
VALERIE McGRATH and HARRIS BANK )
HINSDALE, N.A., ) Honorable
) Bonnie M. Wheaton,
Defendants-Appellees. ) Judge, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the court:
The plaintiffs, Pranav and Jyotika Patel, appeal the dismissal of their complaint filed against
Valerie McGrath and Harris Bank Hinsdale, N.A. (collectively, McGrath), seeking specific
performance of a real estate contract. They argue that a letter they sent under an attorney-approval
clause was not a counteroffer and that there was an issue of material fact whether, in violation of that
clause, McGrath's attorney disapproved the contract based solely on the purchase price. We
determine that the letter, which specifically stated that it was not to be construed as a counteroffer
or a revocation, was what it said it was, i.e., not a counteroffer or a revocation. We further determine
that there was an issue of material fact whether the contract was later rejected based solely on the
purchase price. We reverse and remand.
I. BACKGROUND