Opinion
Gen. No. 44,682. (Abstract of Decision.)
Opinion filed June 29, 1949 Released for publication July 18, 1949
SPECIFIC PERFORMANCE, § 135 — failure of buyers in realty-sale contract to prove ability to pay for property. Decree for buyers in suit for specific performance of contract to sell real estate was unauthorized where buyers failed to prove their ability to pay for the property.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. LEONARD C. REID, Judge, presiding.
Decree reversed and cause remanded with directions.
Heard in the third division, first district, this court at the December term, 1948;
Jacob G. Hamer and Jesse H. Brown, for appellants;
Donald M. Becker, of counsel;
Stoffels Stoffels, for appellees;
Herbert R. Stoffels, of counsel.
Not to be published in full. Opinion filed June 29, 1949; released for publication July 18, 1949.