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FARWELL CONSTRUCTION CO. v. TICKTIN

No. 79-497.

84 Ill. App.3d 791 (1980)

405 N.E.2d 1051

FARWELL CONSTRUCTION COMPANY, Plaintiff-Appellee and Cross-Appellant, v. HAROLD J. TICKTIN et al., Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied June 6, 1980.

Attorney(s) appearing for the Case

Joseph J. Ticktin, of Chicago, for appellants.

Robert R. Tepper and Ross P. Benjamin, both of Chicago (Rosenthal and Schanfield, of counsel), for appellee.

Judgment affirmed.

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

In this action for damages because of the anticipatory breach of an agreement to purchase real estate and the plans for an apartment complex, plaintiff was awarded $154,202.76. On appeal, defendants contend that (1) the trial court misconstrued the warranty provision in the agreement; (2) as a matter of law, plaintiff was not entitled to recover since it was not ready, willing...

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