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HONKOMP v. DIXON

No. 80-1089.

97 Ill. App.3d 476 (1981)

422 N.E.2d 949

GERALD HONKOMP et al., Plaintiffs and Counterdefendants-Appellees, v. DANIEL J. DIXON et al., Defendants and Counterplaintiffs-Appellants.

Appellate Court of Illinois — First District (2nd Division).

Modified on denial of rehearing July 14, 1981.

Attorney(s) appearing for the Case

Joel H. Greenburg, of Chicago, for appellants.

Beryl A. Birndorf, of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE STAMOS delivered the opinion of the court:

Plaintiffs Gerald Honkomp and Nellie Honkomp brought an action to recover a $5,000 earnest money deposit. The money had been deposited with an escrowee, Gerald Murphy, under an agreement to purchase a residential property from defendants, Daniel J. Dixon and Linda C. Dixon. The real estate contract executed by the parties on May 3, 1979, provided:

"This contract is subject...

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