Augustine v. Chauteau Homes, Inc.

This is an appeal from the Circuit Court of Du Page County granting a petition for rescission of contract and denying a counterclaim for specific performance. The case is presented for review to this, court on the pleadings.

The petition for rescission alleges that on October 12, 1972, the plaintiff entered into a contract with the defendant for the purchase of a home to be built by the defendant on a certain parcel of property owned by the defendant. The plaintiff deposited $2000 as earnest money in accordance with the agreement. The plaintiff contends the contract is unenforceable because of…