PHILLIPS CONSTRUCTION CO. v. MUSCARELLO

No. 75-248.

42 Ill. App.3d 151 (1976)

355 N.E.2d 567

PHILLIPS CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. MARK J. MUSCARELLO, a/k/a Marco J. Muscarello, Defendant-Appellee.

Appellate Court of Illinois — Second District (1st Division).

Rehearing denied October 28, 1976.


Attorney(s) appearing for the Case

Dennis E. Quaid, of Ahern & Gillogly, of Chicago, and Schaffner & Ariano, of Elgin, for appellant.

Gerald M. Sheridan, Jr., of Wheaton, for appellee.


Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

Plaintiff corporation, by its State-appointed receivers, filed a complaint to rescind a contract purported to have been entered into by its president and sole stockholder, Philip D. Rose, and the defendant. The Federal trustee in bankruptcy succeeded the receivers in the prosecution of the cause of action.

Under the agreement, property which had been acquired by Rose...

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