Tucker v. Beam

Mr. Presiding Justice Scheineman

delivered the opinion of the court.

The plaintiff, Frances A. Tucker, contracted to purchase certain real estate from the defendant, D. J. Beam. She has brought this suit at law to recover the partial payments she made, on the ground that the contract was rescinded by mutual consent. From a judgment in the circuit court for the defendant, plaintiff appeals.

Appellee denies mutual rescission, asserting that plaintiff abandoned the contract and that he then terminated it by proper notice of forfeiture, giving him the right to retain the part payment. Also, that…