Kamm v. Swanson

Full title: Maurice H. Kamm, Appellant, v. E. G. Swanson et al., Appellees

Court: Appellate Court of Illinois, First District

Date published: Apr 15, 1941

309 Ill. App. 578 (Ill. App. Ct. 1941)

33 N.E.2d 641

Opinion

Gen No. 40,779. (Abstract of Decision.)

Opinion filed April 15, 1941.

VENDORS AND PURCHASERS, § 185^_ — action to recover overpayment, liability of bondholders committee. Lower court properly held that com-plaint against individual members of a bondholders protective committee did not state a cause of action, where plaintiff contended that he had made an overpayment for the property because taxes and special assessments exceeded the amount which defendants had represented to be due, but plaintiff's offer to buy property was conditional upon acceptance by the bondholders, not the committee, showing that plaintiff knew the bondholders were the real owners of the property and bonds, to which the committee nominally held title.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. HARRY M. FISHER, presiding.

Affirmed. Heard in second division, first district, this court at June term, 1939.

Ode L. Rankin, for appellant;

William A. Lomax, for appellees.

Opinion by JUSTICE JOHN J. SULLIVAN.

"Not to be published in full." Opinion filed April 15, 1941.