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BAMBERG v. GRIFFIN

No. 78-437.

76 Ill. App.3d 138 (1979)

394 N.E.2d 910

CHARLES BAMBERG, Plaintiff-Appellee, v. R.L. GRIFFIN, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed September 12, 1979.

Attorney(s) appearing for the Case

Peter D. McClanathan, of Kroeger, Burt & McClanathan, of Freeport, for appellant.

Howard H. Prestwich, of Freeport, for appellee.

Judgment affirmed.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

Plaintiff was awarded judgment in the amount of $7,550 based upon defendant's check (payment on which was stopped) given as "earnest money" in connection with an agreement for the purchase of real estate. The defendant, who repudiated the agreement, appeals, claiming mistake and misrepresentation. He contends that the judgment amounts to a forfeiture on inequitable grounds; and that...

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