MARLOWE v. CHICAGO TITLE TRUST COMPANY, 323 Ill. App. 278 (1944)

55 N.E.2d 101

Gen. No. 42,272. (Abstract of Decision.)Appellate Court of Illinois, Chicago, First District.
Opinion filed May 2, 1944

VENDORS AND PURCHASERS, § 172[*] — earnest money deposited by vendee as not recoverable by him on contract’s forfeiture through his fault. In action to recover deposit made by plaintiff with written offer to

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purchase certain real estate and personal property, held that earnest money deposited as part payment of the purchase price of property under a contract of purchase cannot be recovered back on a forfeiture of the contract through the fault of the vendee, and this rule applies even though the contract does not specifically provide that the deposit may be retained by the vendor upon default of the vendee.

Appeal from the Circuit Court of Cook county; the Hon. RAY D. HENSON, Judge, presiding.

Judgment affirmed. Heard in the second division, first district, this court at the June term, 1942;

Milton M. Adelman, for appellant.

Miller, Gorham, Wescott Adams, for appellee;

Sidney S. Gorham, Jr. and Alphonse H. Aymond, Jr., of counsel.

Opinion by JUSTICE SULLIVAN.

Not to be published in full. Opinion filed May 2, 1944.