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PASSANANTE v. CALLIER

No. 77-1250.

61 Ill. App.3d 360 (1978)

377 N.E.2d 1304

JOSEPH PASSANANTE et al., Plaintiffs-Appellees, v. JOHN W. CALLIER, Defendant-Appellant.

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

Opinion filed June 23, 1978.

Attorney(s) appearing for the Case

Gerald Eisen and Michael Cohen, both of Niles, for appellant.

Brandel, Olson, Johnson and Erickson, of Northbrook, for appellees.

Reversed and remanded.

Mr. JUSTICE WILSON delivered the opinion of the court:

Plaintiffs originally brought this suit against defendant for breach of a real estate contract. After filing their complaint, plaintiffs filed a motion for judgment by confession on a $10,000 promissory note signed by defendant as a portion of his earnest money on the contract. No order was entered on this motion. Thereafter plaintiffs filed an amended complaint asking for relief...

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