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MOREY v. HUSTON

Gen. No. 10,850.

85 Ill. App.2d 195 (1967)

228 N.E.2d 544

Walter T. Morey, Plaintiff-Appellant, v. Kenneth L. Huston, et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

July 10, 1967.

Attorney(s) appearing for the Case

John F. Dunn, of Decatur, for appellant.

Roberts and Kepner, of Springfield (Maurice W. Kepner, of counsel), and Craig & Craig, of Mattoon (Jack E. Horsley and Richard F. Record, Jr., of counsel), for appellees.

SMITH, J.

Plaintiff files this action to recover from the defendants unpaid monthly payments and taxes due under an installment contract for the purchase of a motel. By way of affirmative defense, the defendants pleaded that the plaintiff, by entering and taking possession of the property, had effectively effected a forfeiture of the contract, that he thus made an exclusive election of remedies, and by such forfeiture...

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