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MILES HOMES INC. v. LYONS

No. 72-120.

8 Ill. App.3d 179 (1972)

289 N.E.2d 469

MILES HOMES INCORPORATED OF ILLINOIS, Plaintiff-Appellant, v. DOROTHY LYONS et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

November 9, 1972.

Attorney(s) appearing for the Case

John Lewarne, of Rock Island, for appellant.

Winstein, Kavensky & Wallace, of Rock Island, Stanley J. Lipczynski, of Moline, and William J. Dalton, of East Moline, (Franklin S. Wallace, of counsel,) for appellees.

Judgment affirmed.

Mr. JUSTICE SCOTT delivered the opinion of the court:

This is an appeal from the denial of the circuit court of Rock Island County to foreclose a mortgage.

The factual situation which resulted in the mortgage foreclosure proceedings is that the defendants Mr. and Mrs. Garmon on April 16, 1964, entered into an agreement with the plaintiff, Miles Homes Incorporated, to purchase materials for a house. On the same date the Garmons signed...

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