Phelan v. Peeters

-This is an action for damages for breach of a real-estate contract. On October 18 or 19, 1962, plaintiff purchased a lot in a new subdivision in Davenport being developed by defendant. It is alleged defendant, by failing to bring the utilities to plaintiff’s lot line, breached the italicized portion of the following provision of the contract:

“Other Terms. Subject to both Lorton and Columbia Streets being improved and all assessments be paid by seller except sidewalks. All utilities available and accessible so construction can begin at once and occupancy upon completion and without limitation…