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FULLERTON v. ROBSON

Nos. 76-318, 76-747 cons.

61 Ill. App.3d 93 (1978)

377 N.E.2d 1044

LEE F. FULLERTON et al., Indiv. and d/b/a Fullerton Coal Company, Plaintiffs and Counterdefendants-Appellees, v. JOHN H. ROBSON et al., Indiv. and d/b/a Marquette Coal & Mining Co., Defendants and Counterclaimants-Appellants.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied July 14, 1978.

Attorney(s) appearing for the Case

William J. Harte, Ltd., of Chicago (John Gervasi, of counsel), for appellants.

Chatz, Sugarman, Abrams & Haber, of Chicago (Joel A. Haber and Leonard O. Abrams, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Defendants (Marquette) appeal from a judgment awarding plaintiffs (Fullerton) $51,366 in damages for breach of contract and denying their counterclaim. On appeal Marquette contends that (1) the trial court erred in admitting irrelevant and prejudicial evidence; (2) the trial court improperly excluded certain exhibits and testimony; and (3) the jury verdict is against the manifest...

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