STEARNS v. WESTERN

Gen. No. M-51,246.

87 Ill. App.2d 465 (1967)

232 N.E.2d 126

Thornton B. Stearns and Diane C. Stearns, His Wife, Plaintiffs-Appellants, v. Clara Western and Cedric Western, Her Husband, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

October 13, 1967.


Attorney(s) appearing for the Case

Joseph L. Mack, of Chicago (Richard F. McPartlin, of counsel), for appellants.

William D. Ambrose, of Chicago, for appellees.


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

Plaintiffs appeal from a judgment entered in favor of the defendants in an action to recover an earnest money deposit of $1,000 made by the plaintiffs with the defendants under a contract for the purchase of real estate. The case was tried before the court without a jury. The facts are these.

On September 12, 1964, plaintiffs and defendants entered into a written contract whereby the plaintiffs...

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