Illinois Supreme Court December 22, 1906 (Eppstein v. Kuhn)

Mr. Justice Farmer

delivered the opinion of the court:

Appellants’ contention is, that the defect in the title on account of the occupancy of the premises by McDonnell was not a substantial and material one; that appellee knew McDonnell was in the possession of the premises when the contract was made, and that as appellants offered to perform the contract so far as they were able to, and convey