ALLABASTRO v. WHEATON NAT'L BK.

No. 78-364.

77 Ill. App.3d 359 (1979)

395 N.E.2d 1212

ROBERT A. ALLABASTRO, Plaintiff-Appellant, v. WHEATON NATIONAL BANK, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed October 11, 1979.


Attorney(s) appearing for the Case

Michael W. Coffield, Daniel J. Pope, and Robert T. Gruenberg, all of Coffield, Ungaretti, Harris & Slavin, of Chicago, for appellant.

Gary L. Taylor, of Rathje, Woodward, Dyer & Burt, of Wheaton, for appellee.


Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

The plaintiff, Robert A. Allabastro, appeals from a judgment which forfeited his rights under an installment contract for the purchase of real estate and permitted the seller to retain all monies paid as liquidated damages.

The direct subject of the forfeiture and of this litigation is a tract of land consisting of 37.432 acres located at the northwest corner of St. Charles...

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