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ELFGEN v. NOLL'S ICE CREAM & FROZEN FOOD CO.

No. 70-59.

131 Ill. App.2d 1066 (1971)

267 N.E.2d 731

EUGENE K. ELFGEN et al., Plaintiffs, Counter Defendants-Appellants, v. NOLL'S ICE CREAM & FROZEN FOOD Co., Defendant, Counter Plaintiff-Appellee.

Appellate Court of Illinois — Fifth District.

March 9, 1971.

Attorney(s) appearing for the Case

Thomas, Mottaz & Eastman, of Alton, for appellants.

Schlafly, Godfrey & Fitzgerald, of Alton, for appellee.

Reversed in part and affirmed in part.

Mr. JUSTICE JONES delivered the opinion of the court:

Counterdefendant appeals from a jury verdict of $10,000.00 based upon a charge of malicious prosecution and defendant-counterplaintiff contends a verdict awarding $1,200.00 for rent is erroneous.

The plaintiffs, Eugene K. Elfgen and Dorothy H. Elfgen, purchased the real estate involved, at which time the defendant...

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