Opinion
Gen. No. 44,132. (Abstract of Decision.)
Opinion filed February 25, 1948 Released for publication March 25, 1948
VENDORS AND PURCHASERS, § 57 — right to possession under purchase agreement. Defendant had no right as matter of law to take possession of premises as vendee by virtue of written purchase agreement providing for payment of purchase price of realty in monthly instalments until one-half of purchase price was paid, whereupon plaintiff was to convey premises by warranty deed and defendant was to execute and deliver mortgage for unpaid price, and providing that premises were sold subject to "clearing title," on payment of one-fourth of purchase price to real estate broker, which sum was retained by latter, where no indication of title was furnished to defendant and there was no evidence that plaintiff was able to clear title and no provision in agreement giving defendant right to take immediate possession of premises.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. GEORGE B. WEISS, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the June term, 1947.
Coburn Herzon, for appellant;
Louis T. Herzon, of counsel;
Frank G. Matavosky, for appellee;
S.B. Rosenzweig, of counsel.
Not to be published in full. Opinion filed February 25, 1948; released for publication March 25, 1948.