8930 SOUTH HARLEM, LTD. v. MOORE

No. 77-402.

61 Ill. App.3d 293 (1978)

377 N.E.2d 1049

8930 SOUTH HARLEM, LTD., d/b/a Daniel's Restaurant, Plaintiff-Appellant-Appellee, v. ALBERT F. MOORE, a/k/a Fred Moore, Defendant-Appellant-Appellee. — (ROBERT GARBER et al., Defendants-Appellees.)

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

Rehearing denied June 26, 1978.


Attorney(s) appearing for the Case

Stuart C. Wallace and Dom J. Rizzi, of Rizzi & Rathsack, both of Chicago, for appellant 8930 South Harlem, Ltd.

Joseph R. Marconi, of Ronald L. Barnard & Assoc., Ltd., of Chicago, for appellee Albert F. Moore.

Block, Levy & Becker, Chartered, of Chicago, for appellees Robert Garber et al.


Affirmed in part and reversed in part.

Mr. JUSTICE BUCKLEY delivered the opinion of the court:

This is an appeal from a judgment of the circuit court of Cook County in a dispute concerning a parcel of land that was the subject of two inconsistent conveyances by a single grantor, a sale and a lease executed between the time the contract of sale was signed and the deed under it was delivered.

The trial court found that the vendor was not legally able...

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