Opinion
Gen. No. 42,881. (Abstract of Decision.)
Opinion filed June 16, 1944
VENDORS AND PURCHASERS, § 45 — broker's right to sue intending purchasers for amount of earnest-money check payment of which was stopped. Where real estate broker obtained signed contract to purchase realty and received check as earnest money, but, before clearance of check, which broker was diligent in depositing, payment of check was stopped, held that, on intending purchasers' repudiation of contract, any right of action for allegedly wrongful stopping of payment of check and for repudiation of contract belonged exclusively to vendors and could not be enforced in name of broker.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. GROVER C. NIEMEYER, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the October term, 1943.
J. Kentner Elliott, for appellant;
Hubbard, Baker Rice, for appellees.
Not to be published in full. Opinion filed June 16, 1944.