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COOPER v. BROGNI

Gen. No. 49,303.

50 Ill. App.2d 70 (1964)

199 N.E.2d 619

Lillie M. Cooper, et al., Plaintiffs-Appellees, v. Frank Brogni and Julian J. Luster, Defendants-Appellants.

Appellate Court of Illinois — First District, Third Division.

June 11, 1964.

Attorney(s) appearing for the Case

Samuel S. Cohon, of Chicago, for appellants.

Richard Altieri, of Chicago, for appellees and cross-appellants.

MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

The decree in the instant case rescinds certain contracts with respect to the sale and purchase of property and enters judgment against the defendants for $4,000, being the earnest money paid by plaintiffs. A clause in the preliminary sales contract made between the parties provides that if prior to delivery of deed the property should be destroyed or materially damaged by fire, the contract at the...

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