GUARANTY NAT. TITLE CO., INC. v. J.E.G. ASSOCIATES

No. 96-1089.

101 F.3d 57 (1996)

GUARANTY NATIONAL TITLE COMPANY, INC., Plaintiff-Appellant, v. J.E.G. ASSOCIATES, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 15, 1996.


Attorney(s) appearing for the Case

Michael W. Rathsack (argued), Chicago, IL, for Plaintiff-Appellant.

David J. Fischer, Bradley F. Simon (argued), Wildman, Harrold, Allen & Dixon, Chicago, IL, for Defendant-Appellee.

Before POSNER, Chief Judge, and EASTERBROOK and ROVNER, Circuit Judges.


EASTERBROOK, Circuit Judge.

Serving as the escrow agent for the sale of an apartment and office complex in King of Prussia, Pennsylvania, Guaranty National Title Company withheld $9,650 to ensure payment of a transfer tax. After J.E.G. Associates, the buyer, verified that it had paid the tax, Guaranty remitted the retained sum. Unfortunately, someone added a zero, and J.E.G. received $96,500. It kept mum about the excess, and when Guaranty eventually discovered the...

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