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DILWORTH v. MESSENGER

Gen. No. 53,479.

121 Ill. App.2d 250 (1970)

257 N.E.2d 573

Lloyd L. Dilworth, Plaintiff-Appellant, v. Georgette Messenger and David B. Shapiro, Executors of the Last Will and Testament of Elmer Messenger, Deceased, and M.C. Hilmer, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied April 2, 1970.

Attorney(s) appearing for the Case

Myer H. Gladstone, of Chicago (Jacob Shamberg, of counsel), for appellant.

Morgan, Halligan, Lanoff & Cook, of Chicago (Charles J. Morgan, Samuel M. Lanoff, and John A. Cook, of counsel), for appellees.

MR. JUSTICE McNAMARA delivered the opinion of the court.

Plaintiff, Lloyd Dilworth, brought this action for an accounting against the defendants, Elmer Messenger and M.C. Hilmer, alleging the breach of an oral contract dealing with the drilling of certain oil wells. Prior to trial, defendant Messenger died and the executors of his estate filed their appearance. At the close of all the evidence, the master in chancery found that the plaintiff had failed to prove the...

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