Categories: Illinois Appellate Court Opinions

SANDS v. SACK REALTY COMPANY INC., 306 Ill. App. 275 (1940)

28 N.E.2d 349

Hugh J. Sands and Mary Sands, Appellees, v. Sack Realty Company, Inc., Appellant.

Gen. No. 40,667. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed June 26, 1940

VENDORS AND PURCHASERS, § 171[*] — misrepresentation, sufficiency of evidence. In action to recover earnest money paid by vendee at time land purchase contract was entered into, plaintiff improperly had judgment below, where plaintiff contended that agent of defendant represented that there were no negroes in the neighborhood where the house was located, but plaintiff lived a few blocks from property in question and could readily have ascertained the truth or falsity of the alleged statement, plaintiff knew that area in question was largely inhabited by negroes, and a house which plaintiff purchased shortly after disaffirming the sale was located within a block of negro residences.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Municipal Court of Chicago; Hon. JOSEPH H. MCGARRY, presiding.

Reversed. Heard in second division, first district, this court at April term, 1939.

Wilhartz Hirsch, for appellant;

J.S. Greenberg, of counsel;

O’Brien Jordan, for appellees;

Andrew D. Jordan, of counsel.

Opinion by JUSTICE SCANLAN.

“Not to be published in full.” Opinion filed June 26, 1940.

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