SCHOLWIN v. JOHNSON

No. 85-0425.

147 Ill. App.3d 598 (1986)

498 N.E.2d 249

WILLIAM A. SCHOLWIN, JR., et al., Plaintiffs-Appellants, v. KARIN JOHNSON et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied October 27, 1986.


Attorney(s) appearing for the Case

Raymond A. Boldt, of Mundelein, for appellants.

Kenneth J. Glick and C. Jeffrey Thut, both of Ray & Glick, Ltd., of Libertyville, for appellees.


Reversed and remanded.

JUSTICE SCHNAKE delivered the opinion of the court:

On August 1, 1977, plaintiffs, William and Betty Scholwin, along with defendants, Donald and Carolyn Baranowski, entered into an installment contract to purchase certain real estate from the McHenry State Bank, as trustee under trust No. 716. Defendants Karin and Kenneth Johnson are beneficiaries of that trust. The contract included a forfeiture clause which gave the seller the right...

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