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METCOFF v. MUTUAL TRUST LIFE INSURANCE CO.

No. 58046.

33 Ill. App.3d 1059 (1975)

339 N.E.2d 440

ELI METCOFF et al., Plaintiffs-Appellees, Cross-Appellants, v. MUTUAL TRUST LIFE INSURANCE COMPANY, Defendant-Appellant, Cross-Appellee — (SALK, WARD AND SALK, INC., Defendant). — (MUTUAL TRUST LIFE INSURANCE COMPANY, Plaintiff-Appellant, Cross-Appellee, v. HARRIS TRUST AND SAVINGS BANK et al., Defendants.)

Appellate Court of Illinois — First District (2nd Division).

November 4, 1975.

Attorney(s) appearing for the Case

William B. Davenport and John J. Crown, of Chicago (Jenner & Block, of counsel), for appellant.

Torshen, Fortes & Eiger, Ltd., and Marvin L. Goldberger, both of Chicago (Jerome H. Torshen and Robert F. Berrey, of counsel), for appellees.

Judgment affirmed and cause remanded.

Mr. JUSTICE HAYES delivered the opinion of the court:

The instant controversy evolves from events beginning in late 1961. At that time, William and Lawrence Metcoff and Milton Joseph desired to purchase some land for a real estate development project. William and Lawrence did not have the necessary funds for their share of the purchase price of the 7.3-acre tract of land which had been chosen for the project. William and...

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