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DAVID v. RUSSO

Nos. 79-808, 79-1098 cons.

91 Ill. App.3d 1023 (1980)

415 N.E.2d 531

ANNA MARIE DAVID et al., Minors, by Michael Nicoletti, their Next Friend, Plaintiffs-Appellees and Cross-Appellants, v. JOHN A. RUSSO et al., Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois — First District (4th Division).

Opinion filed December 18, 1980.

Attorney(s) appearing for the Case

Richard J. Belmonte and Scott B. Zolke, both of Belmonte, Kagan, Hibbler & DePalma, of Chicago, for appellants.

Leonard Rubin, of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE JOHNSON delivered the opinion of the court:

The defendants, John and Mary Russo, were deeded legal title to a residence located at 1102 Meadow Land, Mount Prospect, Illinois, on July 25, 1967. The plaintiffs, Anna Marie David and Paula David, minors, by their next friend, Michael Nicoletti, contend the property is held by the Russos as constructive trustees for the plaintiffs. The trial court found that a partnership existed...

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