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BRUBAKER v. GOULD

Gen. No. 48,354.

34 Ill. App.2d 421 (1962)

180 N.E.2d 873

Henry J. Brubaker and Civilla J. Brubaker, Appellants, v. W.E. Gould, W.E. Gould and Company, an Illinois Corporation, J.H. Lahman, Interlake Industries Corporation, and Harriet B. Gould, Executor of the Will of W.E. Gould, Deceased, Appellees. Thomas J. Cavanagh, Petitioner-Appellee.

Appellate Court of Illinois — First District, First Division.

Rehearing denied March 22, 1962.

Attorney(s) appearing for the Case

Kelly, Kelly & Kelly, of Chicago (John J. Kelly, Jr., of counsel), for appellants.

Schultz, Krinsley, Voorheis & Hedberg, of Chicago (Raymond Harkrider, of counsel), for defendant-appellee, J.H. Lahman, and Arthur Abraham, and Israel Dordek, of Chicago, for the remaining defendants-appellees.

MR. PRESIDING JUSTICE MURPHY delivered the opinion of the court.

Plaintiffs appeal from a decree dismissing their complaint for want of equity at the close of plaintiffs' evidence before a master in chancery. The transfer to this court of plaintiffs' direct appeal to the Supreme Court disposed of plaintiffs' theory that a freehold is involved.

The record shows that on February 24, 1949, plaintiff Henry J. Brubaker and defendant J.H. Lahman jointly accepted...

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