Piff v. Berresheim

Full title: John Piff, Appellee, v. George P. Berresheim et al., Appellants

Court: Appellate Court of Illinois, First District

Date published: May 18, 1949

337 Ill. App. 658 (Ill. App. Ct. 1949)

86 N.E.2d 411

Opinion

Gen. No. 44,463. (Abstract of Decision.)

Opinion filed May 18, 1949 Rehearing denied June 15, 1949 Released for publication June 17, 1949

TRUSTS, § 167.05^_ — liability on sale by successor trustee. In absence of assumption of contract, provisions in contract for sale of lots by trustee of land trust providing that agreements therein should extend to and be obligatory upon heirs, executors, administrators, successors and assigns of respective parties did not render successor trustee and beneficiaries of trust liable for sums paid by vendee after successor trustee conveyed lots to a third party, especially where it did not appear that successor trustee or beneficiaries had ever received any of vendee's money.

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

Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Decree reversed and cause remanded with directions. Heard in the third division, first district, this court at the June term, 1948.

John W. Dorgan and Hubbard, Baker Rice, for appellants;

Alvin G. Hubbard, of counsel;

Edward H.S. Martin and James A. Morrison, for appellee.

Opinion by PRESIDING JUSTICE BURKE.

Not to be published in full. Opinion filed May 18, 1949; rehearing denied June 15, 1949; released for publication June 17, 1949.