Opinion
Gen. No. 44,503. (Abstract of Decision.)
Opinion filed June 14, 1949 Released for publication September 16, 1949
VENDORS AND PURCHASERS, § 191 — evidence in buyers' action against sellers and loan association. In buyers' action against sellers for damages for breach of contract for sale of house in process of construction and against savings and loan association, from which buyers borrowed part of purchase price, for alleged conversion by failure to account for funds, judgment on directed verdict for association was proper under evidence failing to show that association had received any greater sum of money than that for which it had concededly accounted or that it had paid funds to sellers without buyers' authorization, but liability of sellers was for jury under evidence that contract provided that all workmanship and materials were to be of best kinds and grade and testimony showing broken sewer tiles, faulty operation of heating plant, and cracks in walls.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. STANLEY H. KLARKOWSKI, Judge, presiding.
Judgment affirmed in part and reversed in part, and cause remanded with directions. Heard in the second division, first district, this court at the October term, 1948.
G.A. Bosomburg, for appellant;
Russell Bridewell, for certain appellee;
Horace Russell and John A. Cook, of counsel;
Lord, Bissell Kadyk, for certain other appellees;
Cushman B. Bissell, Leonard F. Martin and John R. Kane, of counsel.
Not to be published in full. Opinion filed June 14, 1949; released for publication September 16, 1949.