Non-jury trial set July 30 in real estate breach of contract suit

By Amelia Flood | Jul 24, 2009

A non-jury trial is scheduled July 30 in a real estate breach of contract suit from 2008, according to court records.

Madison County Circuit Judge David Hylla is scheduled to hear the case of two couples fighting over a land deal that fell through.

Plaintiffs John and Judy Morrissey are suing Alfred and Pamela Hicks for breach of contract. According to the complaint, the Morrisseys paid the Hicks $56,000 for a plat of land to build a house on and an undivided interest of 50 percent. The agreement was allegedly entered into on March 8, 2004.

The complaint alleges that the Hicks never transferred the interest to the Morrisseys, that the couple did not receive the promised piece of land nor did the Hicks form or maintain a development company to build up the rest of the real estate.

The Morrisseys are suing for damages in excess of $50,000, interest dating to March 2004, costs and attorneys' fees.

The Morrisseys are represented by Steven Mottaz of Alton. The Hicks are represented by Donald Smith.

The trial is set to begin at 9 a.m.

The case is Madison case number 08-L-775.

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