Mayol v. Weiner Companies, Ltd.

425 N.E.2d 45 (1981)

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Mayol v. Weiner Companies, Ltd.

Appellate Court of Illinois, Fourth District
425 N.E.2d 45 (1981)

  • Written by Zachary Linowitz, JD

Facts

Mayol (plaintiff) signed a contract to purchase real estate from Somers (defendant). Weiner Companies, Ltd. (Weiner) (defendant) aided Somers as a sales agent. One of the conditions of the offer stated that possession of the property is “subject to tenant’s rights.” After signing the contract with Somers and receiving a copy of the current tenant’s lease, Mayol learned for the first time that the tenant had an option to purchase the property. Mayol thereafter refused to purchase the real estate and sued for $1,000.00 held in escrow. Due to the ambiguity of the relevant provision of the contract, the trial court considered extrinsic evidence and determined that Mayol agreed to purchase the property subject to all the tenant’s rights contained in the lease, including the option to purchase. The trial court awarded Somers the $1,000.00 as damages for Mayol’s breach of contract. Mayol appealed.

Rule of Law

Issue

Holding and Reasoning (Trapp, J.)

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