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MITCHELL v. PETERSON

No. 79-1981.

97 Ill. App.3d 363 (1981)

422 N.E.2d 1026

GILBERT C. MITCHELL, Plaintiff-Appellee, v. DONALD A. PETERSON, Defendant and Counterplaintiff-Appellant. — (KENNETH A. MICHAELS, Counterdefendant-Appellee.)

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

Opinion filed June 12, 1981.

Attorney(s) appearing for the Case

J. Chris Goodman and Nancy Carper, both of Chicago (Brown, Goodman, & Carper, of counsel), for appellant.

William R. Ver Huel, of Stansell & Rahn, of Chicago, for appellee.

Affirmed in part, reversed in part, and vacated and remanded in part.

Mr. JUSTICE LORENZ delivered the opinion of the court:

This appeal arises from an action brought by plaintiff, Mitchell, the payee of a promissory note, against defendants, Peterson and Michaels, co-guarantors of the note, after the maker defaulted on the third annual installment of the four-year instrument. After a bench trial, the court found that defendants were released from their guaranty...

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