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BESINGER v. NATIONAL TEA CO.

Gen. No. 50,832.

75 Ill. App.2d 395 (1966)

221 N.E.2d 156

Leonard Besinger, Plaintiff-Appellant, v. National Tea Company, an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois — First District, Third Division.

October 13, 1966.

Attorney(s) appearing for the Case

Herrick, Vette, McNeill & McElroy, of Chicago (William T. McNeill, Ray W. Fick, Jr., and Robert W. Singer, of counsel), for appellant.

Kirkland, Ellis, Hodson, Chaffetz & Masters, of Chicago (William J. Lederer, Max E. Wildman and Donald E. Vacin, of counsel), for appellee.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

In a two-count complaint the plaintiff, Leonard Besinger, sought in count I specific performance of a contract by the defendant, National Tea Co., and in count II damages for breach of the contract. The defendant moved to dismiss both counts. The chancellor sustained the motion to dismiss count I and denied the motion as to count II. The plaintiff appealed following the express finding by the court that there...

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