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BOCCHETTA v. McCOURT

No. 82-1934.

115 Ill. App.3d 297 (1983)

450 N.E.2d 907

VITTORE BOCCHETTA, Plaintiff-Appellant and Cross-Appellee, v. JAMES McCOURT, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied July 11, 1983.

Attorney(s) appearing for the Case

Robert Handelsman, of Robbins, Coe, Rubinstein & Shafran, Ltd., of Chicago, for appellant.

John Kneafsey, of Chicago, for appellee.

Reversed and remanded.

JUSTICE McGLOON delivered the opinion of the court:

Plaintiff (Vittore Bocchetta) filed suit to recover $10,000 paid under an installment agreement for warranty deed (agreement). The circuit court of Cook County entered judgment in favor of defendant (James McCourt) and plaintiff appeals.

The following issues are presented by this appeal: (1) whether plaintiff's default terminated the agreement; (2) whether defendant's acts were...

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