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Nietfeldt v. Wilson

APRIL 8, 1965.

EDNA NIETFELDT, HILDA KOELLING, MILTON NIETFELDT, EXECUTOR OF THE CLARENCE STUENKEL ESTATE, AND EDNA NIETFELDT, ADMINISTRATOR OF THE ESTATE OF WALTER G. STUENKEL, DECEASED, PLAINTIFFS-APPELLANTS,

v.

NEATUS WILSON, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Will County; the Hon. JAMES V. BARTLEY, Judge, presiding. Affirmed. ALLOY, P.J.

This is an appeal from the Circuit Court of Will County following an order of said court allowing a motion to dismiss the complaint filed by plaintiffs. The action was brought by Edna Nietfeldt, Hilda Koelling, Milton Nietfeldt, executor of the Clarence Stuenkel estate, and Edna Nietfeldt, administrator of the estate of Walter G. Stuenkel, deceased, as against Neatus Wilson, defendant, for damages for breach of contract to purchase certain real estate in Peotone, Illinois. The real estate consisted of a bowling alley and equipment and was owned by Walter G. Stuenkel, deceased, during his lifetime. The complaint in this action is based upon a written offer which plaintiffs contend constituted an offer to purchase the premises for $101,100. It further recites that plaintiffs are the sole heirs of Walter G. Stuenkel, deceased, and that Edna Nietfeldt is also administrator of the estate of said Walter G. Stuenkel, deceased. The complaint also recites that the offer to purchase was made by defendant subsequent to a sale of real estate pursuant to order of the Probate Court of Will County, Illinois, to pay the debts of said decedent and prior to the hearing in the Probate Court on a petition to approve the sale of the property for $82,000. It is also recited that the offer to purchase was accepted by all of the plaintiffs.

The complaint also alleges that defendant delivered a certified check in the sum of $20,000 to the authorized representative of plaintiffs but refused to endorse the same until all papers in connection with the sale of said property were prepared pursuant to his offer; that all of the plaintiffs were willing and able to sell the property to defendant but that said defendant without the consent of plaintiffs or their authorized representative took possession of said certified check which was laying on the desk of the attorney and agent for one of the plaintiffs and subsequently refused to return the check and refused to complete the purchase of the property referred to. It is alleged that plaintiffs were thereafter required, through the administrator of the estate of Walter G. Stuenkel, deceased, to obtain an order of the Probate Court approving the sale of the property for $82,000 and at a loss to the estate and damage to plaintiffs by reason of the failure of defendant to complete the purchase of $19,000 for which sum they demand judgment as against defendant.

The document upon which the complaint is predicated was in the following form:

"STATE OF ILLINOIS | > SS. COUNTY OF WILL |

In The Probate Court of Will County

EDNA NIETFELDT, Administrator of the Estate | of WALTER G. STUENKEL, Deceased, | Plaintiff, | | vs. > | HILDA KOELLING, CLARENCE STUENKEL, | KENNETH F. HAVERT, Trustee, and BRUNSWICK | AUTOMATIC PINSETTER CORP., | Defendants. |

OFFER TO PURCHASE

The undersigned, Neatus Wilson, hereby offers to purchase the real estate described as:

(here legal description was set forth)

under the following terms and conditions:

(a) Purchase price to be the sum of One Hundred One Thousand One Hundred Dollars ($101,100.00).

(b) Purchaser to be furnished with Chicago Title and Trust current policy showing merchantable title in the amount of the purchase price.

(c) From the purchase price above noted, purchaser will take credit for the unpaid balance due Brunswick Automatic Pinsetter Company, and will furnish the Administrator good and sufficient substitution of liability with respect to said obligation, a copy of proposed form of substitution of liability tendered herewith accompanied by letter from Brunswick Automatic Pinsetter Company agreeing to execute the same upon approval of Court of sale to the undersigned. Pro-ration of 1960 taxes to be allowed to purchaser as of date of delivery of deed in possession.

(d) Administrator shall also deliver bill of sale to any fixtures and inventory to make a complete operating bowling alley with pins, balls and other bowling ...


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