Mallin v. Good

417 N.E.2d 858 (1981)

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Mallin v. Good

Appellate Court of Illinois
417 N.E.2d 858 (1981)

Facts

The Mallins (plaintiffs) entered into a contract to purchase a home from Arline Good (defendant). The contract stated that all heating, plumbing, electrical and air conditioning systems would be in reasonable working order at the time of closing. Also, the roof was to be examined for defects by May 1, 1977, two months prior to closing. The contract stated that it was Good’s responsibility to ensure these aspects of the contract were satisfied. Upon examination, the roof was found to be in disrepair. Several other problems also existed, including a nonworking faucet and dryer, water leaks, and problems with the septic tank. At the closing, the Mallins’ attorney informed Good’s attorney that they would complete the sale, but considered Good in breach of the contract and would be enforcing the covenants of repair in the sales contract. The Mallins then brought this action. The trial court ruled in favor of Good, stating that the terms of the contract merged into the deed at closing, which contained no mention of the repairs to be made. The Mallins appealed to the Appellate Court of Illinois.

Rule of Law

Issue

Holding and Reasoning (Nash, J.)

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