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SMITH v. ETHELL

No. 4-85-0662.

144 Ill. App.3d 171 (1986)

494 N.E.2d 864

THOMAS SMITH et al., Plaintiffs-Appellees, v. ELDON ETHELL et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Opinion filed June 12, 1986.

Attorney(s) appearing for the Case

Jefferson Lewis and Nolan Lipsky, both of Petersburg, for appellants.

Knuppel, Grosboll, Becker & Tice, of Petersburg, for appellees.

Order reversed.

JUSTICE WEBBER delivered the opinion of the court:

The plaintiffs entered into a contract with defendants for the purchase of a tavern. Plaintiffs sought to cancel the contract because of the poor condition of the roof. They initiated suit to recover the sum of $5,000 transferred to defendants as a down payment for the purchase of the tavern. After a bench trial the circuit court of Menard County found that defendants Eldon Ethell (Eldon) and...

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