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08/19/97 LAWRENCE J. BEAL v. LOUISE H. SCHEWE

August 19, 1997

LAWRENCE J. BEAL, PLAINTIFF-APPELLANT,
v.
LOUISE H. SCHEWE, EXECUTOR OF THE WILL OF KARL H. SCHEWE, DECEASED, AND LOUISE H. SCHEWE, INDIVIDUALLY, DEFENDANTS-APPELLEES.



Appeal from Circuit Court of Sangamon County. Nos. 95L492, 95P0113. Honorable Thomas R. Appleton, Judge Presiding.

Petition for Rehearing Denied September 16, 1997. Released for Publication September 16, 1997.

Honorable Rita B. Garman, J., Honorable Robert J. Steigmann, P.j. - Concur, Honorable Frederick S. Green, J. - Concur. Justice Garman delivered the opinion of the court.

The opinion of the court was delivered by: Garman

The Honorable Justice GARMAN delivered the opinion of the court:

Plaintiff Lawrence J. Beal filed a probate claim against the estate of Karl Schewe and a separate complaint against Louise H. Schewe (hereinafter defendants) in the circuit court of Sangamon County. Plaintiff alleged defendants owed him money under a real estate contract. The two actions were consolidated and defendants filed a motion for judgment on the pleadings. The trial court granted defendants' motion and plaintiff now appeals. We affirm.

On May 6, 1989, plaintiff entered into a real estate contract with defendants to purchase farmland. The contract provided, in part:

"I, [plaintiff] (Purchaser)[,] agree[] to purchase at a price of $600,000.00 on the terms set forth herein, the following described real estate in County, Illinois:

The farm near Richview, Illinois, containing 980 acres, with about 575 tillable acres, together with all improvements thereon. See attached legal description.

***

Commonly known as farm of 980 acres, Richview, Illinois."

A legal description of the land was attached to the contract. The second paragraph of the contract stated:

"[Defendants], as titleholders, (Seller) agree[] to sell the real estate and the property, if any, described above at the price and terms set forth herein, and to convey or cause to be conveyed to Purchaser or nominee title thereto (in joint tenancy) by a recordable warranty deed."

A rider to the contract contained the following provisions:

"1. It is understood and agreed that Seller will retain possession of all tillable land which is planted and under crop through the harvest and removal of said crop[--]but in no event shall Seller retain possession of the crop lands beyond December 31, 1989. All 1989 crops proceeds are the property of Seller. Upon and after harvest, Seller shall leave the land in a good and proper ...


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