VENDORS AND PURCHASERS, § 43 — expense of title guaranty policy, liability of purchaser. In mortgage foreclosure suit after judgment taken by confession on the mortgage note, wherein defendants, who purchased the property in question from plaintiff, set up that the original sale agreement called for plaintiff to furnish a title guaranty policy, but that, under the transaction as consummated, including the giving of the mortgage in suit, cost of such policy fell on defendants, held that the policy furnished was not that contemplated by the original agree. ment but was pursuant to a new or modified agreement, and that defendants' contention was without merit.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE O'CONNOR.
"Not to be published in full." Opinion filed July 2, 1943.