[Download] "Rosewood Corp. v. Transamerica Ins." by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: Rosewood Corp. v. Transamerica Ins.
- Author : Supreme Court of Illinois
- Release Date : January 20, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
In 1964 defendants Chester and Julia Fisher entered into a contract to purchase a single-family residence from Rosewood Corporation. After deducting the down payment, the balance of the purchase price was payable in monthly installments. In 1969 the Fishers defaulted in their contract payments and Rosewood Corporation brought an action for possession under the Forcible Entry and Detainer Act (Ill. Rev. Stat. 1967, ch. 57). The Fishers sought to introduce, by way of answer, counterclaim and affirmative defense, various matters going to the validity and enforceability of the contract. On motion of Rosewood Corporation the court struck the defensive pleadings and entered judgment for possession. The Fishers appealed to this court and filed an appeal bond in the amount of $5,000, with defendant Transamerica Insurance Company as surety. This court in Rosewood Corporation v. Fisher, 46 Ill.2d 249, held that the defensive pleadings were erroneously stricken and reversed the judgment and remanded the cause to the circuit court of Cook County for further proceedings. The statutory provisions relating to a defendant's appeal bond in forcible detainer actions provide: