Schwinder v. Austin Bank of Chicago

Schwinder and Londay (plaintiffs) contracted to buy a condominium from Baginski (defendant) in 2000, but Baginski failed to deliver the deed at closing because she was uncertain whether her pending divorce would permit the sale; the parties then signed a modified agreement letting the plaintiffs move in and pay $1,500 monthly rent until Baginski could close. After the divorce court approved the sale, Baginski still refused to set a closing date despite the plaintiffs' efforts, and they sued for specific performance; the trial court found the modified contract valid and enforceable and granted specific performance.