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Louis E. Wagner, Appellee, v. James Ball, Appellant.

VENDORS AND PURCHASERS, § 191 — arbitrariness of findings and judgment for purchaser. Where plaintiff sued to recover the sum of $500 allegedly deposited with defendant as the down payment or earnest money on an agreement for purchase and sale of real estate, and defendant filed counterclaim asking for judgment for $568.30 as damages, and each party claimed that the other had breached the agreement, findings and judgment for plaintiff in amount of $250 were arbitrary and unauthorized.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed June 21, 1948; released for publication September 9, 1948.

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WAGNER v. BALL
(Jun 21, 1948)