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BRUNETTE v. VULCAN MATERIALS CO.

Gen. No. 53,467.

119 Ill. App.2d 390 (1970)

256 N.E.2d 44

Le Roy Brunette and Walter C. Franke, Plaintiffs-Appellants, v. Vulcan Materials Company, a Corporation, Conlon-Collins, Inc., a Corporation, Charles A. Benson and Home State Bank of Crystal Lake, as Trustee Under Trust No. 1220, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied February 17, 1970.

Attorney(s) appearing for the Case

Paul M. Lurie, of Chicago (Fohrman and Lurie, of counsel), for appellants.

Frank M. Covey, Jr., McDermott, Will & Emery, of Chicago, and Covey, McKenney & Powers, of Crystal Lake, for appellees.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

Plaintiffs seek to obtain specific performance of an alleged contract to convey a parcel of real estate or in the alternative to recover damages for breach of contract. Defendants moved to dismiss the suit pursuant to sections 45 and 48 of the Civil Practice Act (Ill Rev Stats, c 110, §§ 45, 48 (1967)). As to section 45 defendants contend that the complaint does not state a cause of action and as to...

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