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MALONE v. MARKS

No. 76-502.

55 Ill. App.3d 846 (1977)

371 N.E.2d 204

JOHN R. MALONE, Plaintiff-Appellee, v. ARTHUR M. MARKS, Defendant-Appellant. — (LOUIS H. WAGNER, Defendant.)

Appellate Court of Illinois — Third District.

Opinion filed December 30, 1977.

Attorney(s) appearing for the Case

Michael W. Heller, of Peoria, for appellant.

Richard H. Parsons, of Peoria, for appellee.

Judgment affirmed.

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

This appeal arises from the trial court's refusal to open a judgment by confession.

On June 5, 1970, plaintiff John R. Malone entered into a written agreement with defendants Arthur M. Marks and Louis A. Wagner for the purpose of financing a large condominium project in Peoria. (Wagner is now deceased and is not a party to this appeal.) Under the terms of that agreement...

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