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WANZER v. SMORGAS-BRICKAN

Gen. No. 70-47.

130 Ill. App.2d 378 (1970)

264 N.E.2d 435

Marion Wanzer, Charles Lewis, Elisabeth Lewis, Thomas Raines, Nannie Raines, Renetta Schmitz, Unity School of Christianity, and Hazel Hurst Foundation for the Blind, Inc., Plaintiffs-Counterdefendants-Appellants, v. Smorgas-Brickan Developers, Inc., Thompson's Carpets, a Corporation, Acapco, Inc., a Corporation, Wilson Electric Co., a Corporation, S.J. Carlson & Sons, Inc., a Corporation, Commercial Refrigeration Co., a Corporation, Raymond Kooyer, P.H. Van Steenwyk, Lennart Dahlberg and Sun-Ray Fixture Mfg. Co., a Corporation, Defendants-Counterplaintiffs-Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied December 23, 1970.

Attorney(s) appearing for the Case

Williams, McCarthy, Kinley and Rudy, of Rockford, for appellants.

Berry, Simmons & Coplan, Thomas & Thomas, and Welsh, Welsh, Holmstrom & Hyzer, of Rockford, for appellees.

MR. JUSTICE ABRAHAMSON delivered the opinion of the court.

The plaintiffs sold real estate formerly occupied by the Bishop Cafeteria, in Rockford, Illinois, to Smorgas-Brickan Developers, Inc., under Agreement for Deed. Smorgas-Brickan, thereafter, contracted with various contractors to renovate the building. Smorgas-Brickan, soon after occupying the building as a cafeteria, found itself in financial difficulties and went into bankruptcy.

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