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BIEHL v. ATWOOD

No. 5-85-0688.

151 Ill. App.3d 763 (1986)

502 N.E.2d 1234

EUGENE HERMAN BIEHL, Independent Ex'r of the Estate of Otto Webster Biehl, Deceased, Plaintiff-Appellee, v. DAVID C. ATWOOD, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed December 30, 1986.

Attorney(s) appearing for the Case

Donald G. Musick and Warren N. Loar IV, both of Musick & Mitchell, of Mt. Vernon, for appellant.

Edward J. Kionka and G. Patrick Murphy, both of Winters, Brewster, Murphy & Crosby, of Marion, for appellee.

Judgment vacated and cause remanded.

PRESIDING JUSTICE KARNS delivered the opinion of the court:

Defendant appeals from a judgment of the circuit court of Williamson County awarding plaintiff $73,000 as the unpaid balance under a contract for deed.

On September 5, 1977, the Biehls entered into a contract for deed for a certain 37-acre tract of land with the Atwoods as purchasers. The purchase price listed was $85,000, payable in $2,000 annual installments...

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