Fogelberg v. Cassata
Fogelberg v. Cassata
Opinion of the Court
Appellants suggest that under the original contract for sale of real estate, Fogelbergs assumed responsibility for the sewer-main assessment. If that were true, it would seem that the ultimate result should have been that the Fogelbergs could not recover the amount of the assessment, which they did pay, from anyone, although they may properly have recovered from the abstractor additional expense caused by his error. This result would be inconsistent with the original judgment which became final after affirmance by the circuit court. The judgment was based on a finding that there was no contract before closing and imposed liability for the assessment on the sellers and the abstractor, jointly and severally, in favor of the purchasers.
In any event, however, and conceding the original judgment is no longer subject to change, appellants now argue
By the Court. — Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.