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BIRD v. KOSTBADE

No. 76-538.

52 Ill. App.3d 741 (1977)

367 N.E.2d 1058

ROBERT E. BIRD, JR., d/b/a Bird Building and Development, Plaintiff-Appellee, v. HOWARD KOSTBADE, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed September 26, 1977.

Attorney(s) appearing for the Case

Edward J. Griffin and Gary Schuman, both of Defrees & Fiske, of Chicago, for appellant.

Donald R. Bird, of Princeton, for appellee.

Reversed and remanded.

Mr. JUSTICE STOUDER delivered the opinion of the court:

Plaintiff-appellee, Robert Bird, Jr., d/b/a Bird Building and Development, brought this action in the circuit court of Bureau County seeking to recover damages from the defendant-appellant, Howard Kostbade. Count I of the complaint alleged the defendant had violated an express warranty incident to the purchase of a used caterpillar tractor. Count II generally alleged fraud in connection...

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