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NELSON v. ANDERSON

No. 5-96-0350.

676 N.E.2d 735 (1997)

286 Ill. App.3d 706

221 Ill.Dec. 932

Jon L. NELSON and Anne E. Nelson, Plaintiffs and Counter-defendants-Appellants, v. Walter E. ANDERSON and Shelly S. Anderson, Defendants and Counter-plaintiffs-Appellees.

Appellate Court of Illinois, Fifth District.

February 21, 1997.

Attorney(s) appearing for the Case

John J. Johnston, Dixon & Johnston, Belleville, for Plaintiffs and Counter-defendants-Appellants.

Patrick M. Flynn, Flynn & Guymon, Belleville, for Defendants and Counter-plaintiffs-Appellees.

Justice MAAG delivered the opinion of the court:

In this real estate contract action, summary judgment was granted in favor of the buyers on the ground that the sellers had not provided merchantable title. The sellers appeal.

On April 17, 1993, plaintiffs Jon and Anne Nelson (sellers) contracted to sell their home to defendants Walter and Shelly Anderson (buyers). The contract required buyers to pay an earnest money deposit of $1,500, with the balance of the...

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