Michalsky v. Pisano

Appellate Court of Illinois

Michalsky v. Pisano

199 Ill. App. 571, 1916 Ill. App. LEXIS 305

CourtAppellate Court of Illinois

DecidedJune 19, 1916

DocketGen. No. 22,140

StatusPublished

This text of 199 Ill. App. 571 (Michalsky v. Pisano) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Michalsky v. Pisano, 199 Ill. App. 571, 1916 Ill. App. LEXIS 305 (Ill. Ct. App. 1916).

Pincite

Opinion

Mr. Justice Baker

delivered the opinion of the court.

Abstract of the Decision. 1. Vendor and purchaser, § 305*—when purchaser entitled to return of earnest money. One who, having contracted for the purchase of real estate, pays to the vendor’s broker earnest money, which is to be applied to the payment of expenses and brokerage, and balance paid to the vendor, is entitled to the return of such earnest money from such broker on failure of the vendor to tender a deed in accordance with his contract. 2. Appeal and error, § 493*—when erroneous judgment against one joint defendant only not disturbed on appeal. Though the rule is that a plaintiff suing two or more on a contract must recover against all or none, a judgment entered against one defendant only in accordance with verdict will not be disturbed on appeal in the absence of an objection thereto in the trial court.

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Mr. Justice Baker

delivered the opinion of the court.

Abstract of the Decision. 1. Vendor and purchaser, § 305*—when purchaser entitled to return of earnest money. One who, having contracted for the purchase of real estate, pays to the vendor’s broker earnest money, which is to be applied to the payment of expenses and brokerage, and balance paid to the vendor, is entitled to the return of such earnest money from such broker on failure of the vendor to tender a deed in accordance with his contract. 2. Appeal and error, § 493*—when erroneous judgment against one joint defendant only not disturbed on appeal. Though the rule is that a plaintiff suing two or more on a contract must recover against all or none, a judgment entered against one defendant only in accordance with verdict will not be disturbed on appeal in the absence of an objection thereto in the trial court.

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Bluebook (online)

199 Ill. App. 571, 1916 Ill. App. LEXIS 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michalsky-v-pisano-illappct-1916.