Bocchetta v. McCourt

Plaintiff (Vittore Bocchetta) filed suit to recover $10,000 paid under an installment agreement for warranty deed (agreement). The circuit court of Cook County entered judgment in favor of defendant (James McCourt) and plaintiff appeals.

The following issues are presented by this appeal: (1) whether plaintiff’s default terminated the agreement; (2) whether defendant’s acts were sufficient to declare a forfeiture; (3) whether plaintiff was entitled to treat defendant’s actions of undertaking to sell the real property to a third party prior to perfecting the forfeiture as an offer to rescind the…