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POSNER v. DAVIS

No. 78-1833.

76 Ill. App.3d 638 (1979)

395 N.E.2d 133

HARRY S. POSNER et al., Plaintiffs-Appellees, v. SANDER A. DAVIS et al., Defendants-Appellants.

Appellate Court of Illinois — First District (1st Division).

Opinion filed September 17, 1979.

Attorney(s) appearing for the Case

Peterson, Ross, Schloerb & Seidel, of Chicago (Russell M. Pelton, Jr., and F. Dennis Nelson, of counsel), for appellants.

Fred S. Posner, of Chicago, for appellees.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

Harry S. Posner and Diane M. Posner, plaintiffs, sued Sander A. Davis and Pearl E. Davis, defendants, for fraudulently concealing certain defects in a house in Evanston, which plaintiffs purchased from defendants in 1973. The alleged defects included basement flooding, rotted basement stairs, roof leakage and water-soaked and rotted plaster. After...

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