RENTH v. KRAUSZ

No. 5-90-0372.

579 N.E.2d 11 (1991)

219 Ill. App.3d 120

161 Ill.Dec. 754

Ralph O. RENTH, and Jane R. Renth, Plaintiffs-Appellees and Cross-Appellees, v. Clyde R. KRAUSZ, Defendant and Third-Party Plaintiff-Appellee and Cross-Appellant (Binsbacher and Barkau, partnership, Third-Party Defendant-Appellant and Cross-Appellee).

Appellate Court of Illinois, Fifth District.

Rehearing Denied September 27, 1991.


Attorney(s) appearing for the Case

William F. Kopis, Joshua G. Vincent, Bruce L. Carmen, Hinshaw and Culbertson, Chicago, third-party defendant-appellant and cross-appellee.

Grady E. Holley, Steven J. Rosen, Springfield, for defendant and third-party plaintiff-appellee and cross-appellant, Clyde Krausz.

Thomas Benedick, O'Fallon, for plaintiffs-appellees and cross-appellees, Ralph O. Renth and Jane R. Renth.


Justice HOWERTON delivered the opinion of the court:

Buyers sued seller to rescind a real estate installment contract alleging that seller failed to attach to the contract a certificate of compliance with the building code as required by section 2 of "An Act relating to installment contracts to sell dwelling structures" (Act) (Ill.Rev.Stat.1987, ch. 29, par. 8.22).

That Act states in pertinent part:

"[a]ny installment contract for the sale of a dwelling...

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