Cooper v. Brogni

MR. PRESIDING JUSTICE SCHWARTZ

delivered the opinion of the court.

The decree in the instant case rescinds certain contracts with respect to the sale and purchase of property and enters judgment against the defendants for $4,000, being the earnest money paid by plaintiffs. A clause in the preliminary sales contract made between the parties provides that if prior to delivery of deed the property should be destroyed or materially damaged by fire, the contract at the option of the purchaser should become null and void. A fire did destroy the property before delivery of the deed, and the principal…