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STONECIPHER v. PILLATSCH

No. 74-100.

30 Ill. App.3d 140 (1975)

332 N.E.2d 151

RICHARD T. STONECIPHER et al., Plaintiffs-Appellees, v. ARNOLD A. PILLATSCH et al., Defendants-Appellants.

Appellate Court of Illinois — Second District (1st Division).

July 17, 1975.

Attorney(s) appearing for the Case

Eugene S. Griffin, of Murphy, Griffin & Dixon, of Aurora, for appellants.

Robert L. Speers, of Reid, Ochsenschlager, Murphy & Hupp, of Aurora, for appellees.

Judgment affirmed.

Mr. PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

The plaintiffs filed a small claim action seeking repayment of a $1,000 earnest money deposit paid under a written contract to purchase real estate from the defendants. Judgment was entered in a bench trial in the plaintiffs' favor, and the defendants appeal.

The disputed issue is whether the sellers were guilty of an anticipatory breach of the contract, thereby...

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