Seller seized property after man was three days late on monthly payment, suit says
Kelly Holleran May. 25, 2011, 8:00am
A man has filed suit against the seller of property, claiming the seller violated a sales contract when he changed the locks on the door of the subject property after the man failed to make a monthly payment.
Michael Baum claims defendant David Ellsworth took $40,000 worth of Baum's personal property and tools and changed the locks to a piece of property after Baum failed to make his January payment by Jan. 3.
According to the complaint filed May 13 in Madison County Circuit Court, Baum purchased property from Ellsworth for $75,000 and had been current on all his payments through December 2010.
Baum claims Ellsworth's January actions breached the sales contract, which stipulated that Ellsworth could sue Baum for a default in payment -- not take his property and lock him out of the premises.
In his complaint, Baum seeks a judgment of more than $50,000.
He will be represented by Rand S. Hale of Callis, Papa, Hale, Szewczyk and Danzinger in Granite City.
Madison County Circuit Court case number: 11-L-468.