Brizzolara v. Mosher

Citations

• 71 Ill. 41

Syllabus

<p>Contract—for sale of real estate construed. Where a contract for the sale and conveyance of real estate, by a general warranty deed, provides for an abstract to be furnished the purchaser before the balance of the cash payment is made, and concludes, “should the title to the property not prove good, then the payment to be refunded,” the object of the latter words will be understood to avoid disputes about the title while being adjusted by the vendor, and the vendor will be enabled to find another purchaser if the vendee is dissatisfied. The vendee, in such a case, can not claim the benefit of his purchase, and refuse to make his payments.</p>