Wilbur v. Potpora

PRESIDING JUSTICE LINN

delivered the opinion of the court:

Plaintiff, Jacquelyn Wilbur, and defendants, Thomas Potpora and Roger Warning, entered into an installment sale agreement whereby plaintiff agreed to sell and defendants agreed to buy four franchises. As consideration for the agreement, defendants gave plaintiff a down payment and signed a promissory note for the balance of the purchase price, to be paid in monthly installments.

After paying one installment, defendants halted further payment, having concluded that plaintiff had fraudulently misrepresented certain facts concerning the…