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VENDO COMPANY v. STONER

No. 46228, 46231 cons.

58 Ill.2d 289 (1974)

321 N.E.2d 1

THE VENDO COMPANY Appellant and Appellee, v. HARRY B. STONER et al., Appellants and Appellees.

Supreme Court of Illinois.

Modified on denial of rehearing November 27, 1974.

Attorney(s) appearing for the Case

Reid, Ochsenschlager, Murphy & Hupp, of Aurora, and Hillix, Brewer & Myers of Kansas City, Missouri (Lambert M. Ochsenschlager, John M. Lamont, Wayne F. Weiler, Albert F. Hillix, William C. Murphy, and Stephen J. Mrkvicka, of counsel), for The Vendo Company.

Barnabas F. Sears, James E.S. Baker and James N. Kosmond, all of Chicago (James A. Hardgrove, Thomas L. Brejcha, Jr., Boodell, Sears, Sugrue, Giambalvo & Crowley, and Sidley & Austin, of counsel), for Harry B. Stoner and Stoner Investments, Inc.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

This appeal is the outgrowth of litigation which commenced in 1965 with the filing of a complaint in the circuit court of Kane County by plaintiff, The Vendo Company, against Harry B. Stoner and Stoner Investments, Inc., a company of which Stoner is the president and whose sole stockholders are Stoner and his wife.

The case was tried without a...

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