Rochells v. Brockman (152 Ill. App. 253, 1909)

Mr. Justice Baker

delivered the opinion of the court.

The only question presented for our consideration is the question whether the evidence shows that the trustees had good title to said lots free from encumbrance. If they had not, then plaintiff was entitled to judgment for the earnest money deposited by him with the defendant. If they had such title, then the plaintiff, without just cause or excuse, failed to perform the contract and, by its terms, forfeited the earnest money. Said block 2 is a part of out lot E in Wrightwood. A plat of the subdivision of said out lot E was acknowledged, approved and filed for record September 17, 1879, and said lots 3 and 4 are in the west half of said block 2. The plat shows a “building line” thirty feet east from the east line of Halsted street, which is the west line of said block 2. The deed of conveyance of said lots from William Fuchs to the trustees of said church, dated June 29, 1901, contains the following provision: “Subject to this condition hereby annexed to this grant ordered, viz.: That a space of thirty feet in depth along the west line of said lots 3 and 4 and fronting on Halsted street, so called, shall never be built upon or in any manner obstructed or encumbered by buildings of any description, but shall be forever left and reserved as an open area or space in accordanee with the lines shown upon the maps and plats of the subdivision of said southwest quarter of section 28, and of the re-subdivision of said out lot