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PENNER v. FRISCH

No. 76-484.

57 Ill. App.3d 947 (1978)

373 N.E.2d 777

EDWARD F. PENNER et al., Plaintiffs-Appellants, v. MARVIN W. FRISCH et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed February 28, 1978.

Attorney(s) appearing for the Case

Mark A. Braun, of Klohr, Braun, Lynch & Smith, of Chicago, and Caldwell, Berner & Caldwell, of Woodstock, for appellants.

Joslyn & Green, of Woodstock, for appellees.

Reversed and remanded.

Mr. JUSTICE WOODWARD delivered the opinion of the court:

Plaintiffs, Edward and Jean Penner, signed a contract to purchase real estate. McHenry State Bank, as trustee, was shown as owner. Defendant Frisch, one of two beneficiaries under the trust, signed the contract as beneficiary of the trust and returned the contract, through real estate brokers, to plaintiffs. It appears that the brokers represented to plaintiffs that Frisch had...

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