Stromberg v. Blomstrand

Full title: Bertha S. Stromberg et al. v. Harold R. Blomstrand et al. In re Petition…

Court: Appellate Court of Illinois, Chicago, First District

Date published: May 1, 1944

323 Ill. App. 72 (Ill. App. Ct. 1944)

54 N.E.2d 616

Opinion

Gen. No. 42,930. (Abstract of Decision.)

Opinion filed May 1, 1944 Rehearing denied May 15, 1944

JUDICIAL AND EXECUTION SALES, § 32^_ — nonliability of bidder for obligations not assumed in bid. Where liquidating receiver was authorized by decree to sell property of liquidating corporation, such decree directing that sale be made free and clear of all claims except liens of existing incumbrances and unpaid taxes, and pursuant thereto property was sold under aforementioned terms and conditions, subsequent order procured by liquidating receiver which directed purchaser to pay certain sums which by his bid he had not agreed to assume, was error, and such order would be reversed.

_ See Callaghan's Illinois Digest, same topic and section number.

O'CONNOR, P.J., dissents.

Appeal from the Superior Court of Cook county; the Hon. U.S. SCHWARTZ, Judge, presiding.

Reversed. Heard in the first division, first district, this court at the December term, 1943;

Turner, Kaplan Turner, for appellant;

Ode L. Rankin, of counsel.

Sarsfield Collins, for appellee.

Opinion by JUSTICE MATCHETT.

Not to be published in full. Opinion filed May 1, 1944; rehearing denied May 15, 1944.