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SMITH v. TRIMMELL

No. 12459.

28 Ill. App.3d 369 (1975)

328 N.E.2d 45

BETTY SMITH, Adm'r, of the Estate of JOHN THOMAS CONNER, Deceased et al., Plaintiffs-Appellants, v. WILLIAM M. TRIMMELL et al., Defendants. — (BLACK BEAR INN, INC., et al. Defendants-Appellees.)

Appellate Court of Illinois — Fourth District.

May 8, 1975.

Attorney(s) appearing for the Case

Owen, Roberts, Susler & Taylor, of Decatur, for appellants.

Robert P. Moore, of Hayes and Moore, of Champaign, and Sebat, Swanson, Banks, Lessen & Garman, of Danville, for appellees.

Judgment affirmed.

Mr. JUSTICE GREEN delivered the opinion of the court:

The defendant Trimmell purchased a used car from the defendant Julian's Motors on April 8, 1970, and had difficulty with the brakes on the car later that same day. He returned the car to Julian's Motors on the morning of April 9 in order to have the brakes repaired. In the early afternoon while waiting for the car, he spent about 2 hours in a

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