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FENDER v. YAGEMANN

No. 37769.

29 Ill.2d 205 (1963)

193 N.E.2d 794

CARL FENDER, Appellant, v. CLARA YAGEMANN et al., Appellees.

Supreme Court of Illinois.

Rehearing denied November 25, 1963.

Attorney(s) appearing for the Case

SAMUEL J. STEPHENS, and GOLDSMITH & DYER, of Aurora, (CALVIN B. THELIN, of counsel,) for appellant.

BEAMISH & BRUNNEMEYER, of Aurora, for appellees.

Reversed and remanded.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

Appellant, Carl Fender, as assignee of the contract purchaser, instituted suit for specific performance of a contract for warranty deed against the heirs and devisees of Ferdinand and Anna Yagemann, the original contract sellers. Thereafter, by leave of court, the executors and a specific devisee under the will of Agnes Mathieu, the original contract buyer, filed a cross complaint...

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