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EMERICH v. LEVITON

No. 82-2272.

117 Ill. App.3d 832 (1983)

454 N.E.2d 45

JAY EMERICH, Plaintiff and Counterdefendant-Appellee, v. BERNARD LEVITON, Defendant and Counterplaintiff and Counterdefendant-Appellant — (Dot Chere E. McAvoy, Defendant and Counterplaintiff and Counterdefendant-Appellee).

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

Opinion filed September 6, 1983.

Attorney(s) appearing for the Case

Paula M. Uscian, of Collins & Amos, of Chicago, for appellant.

Friedman & Koven, of Chicago (Lawrence M. Templer, of counsel), for appellee Dot Chere E. McAvoy.

Judgment affirmed.

JUSTICE PERLIN delivered the opinion of the court:

Plaintiff, Jay Emerich, brought an action against defendants, Bernard Leviton and Dot Chere E. McAvoy, to rescind a real estate contract he had entered into with Leviton and to recover the earnest money he had paid to McAvoy, a real estate broker who served as an escrowee. McAvoy filed a counterclaim against Leviton for a broker's commission. Emerich obtained a default judgment against Leviton...

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