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POLITO v. CHICAGO TITLE AND TRUST CO.

Gen. No. 46,888.

12 Ill. App.2d 57 (1956)

138 N.E.2d 710

Sam Polito and Grace Polito, his wife, Frank M. Polito and Fannie Polito, his wife, and Joseph A. Polito and Josephine Elizabeth Polito, his wife, Appellants, v. Chicago Title and Trust Co., Appellee.

Appellate Court of Illinois — First District, Third Division.

Released for publication December 28, 1956.

Attorney(s) appearing for the Case

Crowley, Sprecher & Weeks, and Samuel A. Kavathas, of Chicago, for appellants; Robert A. Sprecher, and Frank A. Karaba, both of Chicago, of counsel.

Concannon, Dillon & Snook of Chicago, for appellee; William H. Dillon, of Chicago, of counsel.

PRESIDING JUSTICE FEINBERG delivered the opinion of the court.

Plaintiffs sued to recover damages for a breach of a guarantee policy, issued by the defendant, guaranteeing the title to certain real estate. Defendant's motion to strike plaintiffs' amended complaint was sustained, and the cause dismissed. Plaintiffs appeal.

The only question presented upon the appeal is the sufficiency of the amended complaint.

Plaintiffs rely upon the following material...

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