RAY v. WINTER

No. 74-129.

39 Ill. App.3d 567 (1976)

350 N.E.2d 331

ROBERT RAY, Plaintiff-Appellee, v. EMERSON J. WINTER et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Opinion filed June 10, 1976.


Attorney(s) appearing for the Case

Russell H. Classen, of Belleville, for appellants.

Paul M. Caldwell and Robert S. Hill, both of Benton, for appellee.


Judgment reversed.

Mr. PRESIDING JUSTICE KARNS delivered the opinion of the court:

Plaintiff, Robert Ray, brought an action for the declaration of a constructive trust in his favor upon approximately 40 acres of land which had been purchased by defendants, Emerson J. and Joyce E. Winter, and for damages for lost profits arising from plaintiff's inability to enter the land to raise crops. The trial court entered a decree whereby the court declared that defendants...

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