Leazzo v. Dunham

95 Ill.App.3d 847, 420 N.E.2d 851 (1981)

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Nature of the Case

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Facts

Leazzo (P) executed a standard form contract with Dunham (D) for the purchase of property owned by D with the closing date of April 1, 1979. P deposited $6400 as earnest money on the contract. D then asked for an extension on the closing date because of the terrible weather. A dispute ensued over when possession of the premises would be turned over. P insisted that possession would have to be delivered at closing and that they could not proceed with the closing if D did not delivery possession at that time. D responded that the best date of possession was not until April 23 vs. the 12th that the P wanted, and that they would be willing to pay the $20 fee per day after the closing date of April 20, 1979. The trial court found that prior to April 1, 1979 D had informed the buyers that they would not deliver possession on April 1 and that this resulted in an anticipatory breach of the sales contract and that the parties never agreed to an alternate date. P prevailed, and D appealed.