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HENDERSON v. LEMNA

No. 15439.

76 Ill. App.3d 168 (1979)

394 N.E.2d 1070

GILBERT L. HENDERSON et al., Plaintiffs-Counterdefendants-Appellees and Cross-Appellants, v. TIMOTHY J. LEMNA et al., Defendants-Counterplaintiffs-Appellants and Cross-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed September 17, 1979.

Attorney(s) appearing for the Case

Lemna & Moore, of Tuscola, for appellants.

Hull, Campbell, Robinson & Gibson, of Decatur, for appellees.

Reversed and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

This case involves a contract whereby plaintiffs agreed to sell a lot to defendants, and also build a house on the lot for defendants. Each side maintains that the other anticipatorily breached the contract. Plaintiffs claim that defendants did so by refusing to "close" on the contract. After defendants' conduct which gave rise to this claim, plaintiffs declared the contract terminated...

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