Mourant v. Pullman Trust Savings Bank

Full title: Addle Mourant, Appellant, v. The Pullman Trust and Savings Bank and…

Court: Appellate Court of Illinois, First District

Date published: May 14, 1942

314 Ill. App. 567 (Ill. App. Ct. 1942)

41 N.E.2d 1006

Opinion

Gen. No. 41,784. (Abstract of Decision.)

Opinion filed May 14, 1942 Rehearing denied June 5, 1942

VENDORS AND PURCHASERS, § 172^_ — as to remedy of purchaser on forfeiture by vendor. Where vendor forfeited a contract to purchase lots because of default in payments and in payments of taxes by vendee, the vendee was not entitled to a return of the payments made although there was no express provision in the contract for retaining the payments on default.

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

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

Judgment affirmed. Heard in second division, first district, this court at June term, 1941.

Hugh Moore Matchett, for appellant;

Wellington G. Brown, for appellees.

Opinion by PRESIDING JUSTICE SCANLAN.

"Not to be published in full." Opinion filed May 14, 1942; rehearing denied June 5, 1942.