Handzel v. Bassi

343 Ill.App. 281, 99 N.E.2d 23 (1951)

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Nature of the Case

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Facts

Buyer (P) and seller (D) entered a land sale contract. The contract provided that the buyer would not transfer or assign his interest in the contract without the prior written consent of the seller and that any transfer would render the contract null and void at the seller's option. Before all payments due under the contract had been made, P sold the property to a third party. D served notice on P that the transfer and certain other acts by P were in violation of the contract, and that unless they were corrected, D would declare the contract null and void and retain all payments made by P as liquidated damages. Upon P's failure to correct the alleged defaults, D served another notice of his intent to cancel the contract and recover possession. A third notice informed P that the contract had been canceled, and demanded return of possession. Before the date upon which D had demanded return of possession, P tendered the full amount still owing under the contract. P filed an action requesting a temporary injunction with respect to the forfeiture. The injunction was issued, D's subsequent motion to dissolve it was denied. D appeals.