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BARTH v. GREGORY

No. 78-50.

79 Ill. App.3d 510 (1979)

398 N.E.2d 849

BERNARD BARTH, by Charles S. Werr, Conservator of the Estate of Bernard Barth, Incompetent, Plaintiff-Appellant, v. GORDON C. GREGORY et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Rehearing denied January 22, 1980.

Attorney(s) appearing for the Case

Harry Leinenweber, of Dunn, Stefanich, McGarry & Kennedy, Ltd., and Frank Reynolds, of Reynolds & Reynolds, both of Chicago, for appellant.

Thomas R. Wilson, of Joliet, for appellees Gordon C. Gregory, Florence Gregory, and E.C. Gregory & Company.

Nadelhoffer, Hennessy, Dommermuth & Brestal, of Naperville, and Thomas, Wallace, Feehan & Baron, of Joliet, for appellees Albin Dommermuth and Richard F. Condon.

Keith Roberts, of Donovan & Roberts, of Wheaton, for appellees Macom Corporation and Oliver-Hoffman Corporation.

Reversed and remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

The plaintiff, Charles S. Werr, conservator of the estate of Bernard Barth, an incompetent, succeeded to an action originally brought by Barth in the Circuit Court of Will County to rescind a land sale agreement and to reconvey real estate deeded to a land trust on the ground that at the time of these transactions Barth was incompetent and unable to comprehend the nature and effect...

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