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KUSKA v. FOLKES

No. 78-4.

73 Ill. App.3d 540 (1979)

391 N.E.2d 1082

STEPHEN W. KUSKA et al., Plaintiffs-Appellees, v. CLARENCE E. FOLKES et al., Defendants-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed July 2, 1979.

Attorney(s) appearing for the Case

Clayton P. Voegtle, of Snyder, Clarke, Dalziel, Holmquist & Johnson, of Waukegan, for appellants.

Stephen E. Delanty and Richard Prendergast, both of Delanty and Lanberis, of Palatine, for appellees.

Judgment reversed.

Mr. JUSTICE RECHENMACHER delivered the opinion of the court:

Clarence E. and Mary E. Folkes sold a house to Stephen W. and Susan B. Kuska. The Kuskas subsequently sued the Folkes for fraud and breach of contract. Jury was waived and the judge granted summary judgment for the Folkes on the breach-of-contract count of the complaint and this result was not appealed. However, after trial, the judge ruled against Folkes on the fraud count of...

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