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ARNOLD v. LEAHY HOME BUILDING CO.

Nos. 80-61, 80-409 cons.

95 Ill. App.3d 501 (1981)

420 N.E.2d 699

LESLIE B. ARNOLD et al., Plaintiffs-Appellants, v. LEAHY HOME BUILDING CO., INC., et al., Defendants-Appellees. (LEAHY HOME BUILDING CO., INC., Third-Party Plaintiff, v. LESLIE B. ARNOLD et al., Third-Party Defendants.)

Appellate Court of Illinois — Second District.

Opinion filed April 28, 1981.

Attorney(s) appearing for the Case

Francis D. Morrisey, of Baker & McKenzie, of Chicago, and Edward J. Zulkey, Daniel J. Cheely, George H. Olsen, Neil A. Klegerman, and Edward R. Duncan, Jr., all of O'Reilley & Cunningham, of Wheaton, for appellants.

Noel C. Davis, of Banbury, Banbury & Davis, of Aurora, and Arthur F. Cichorski, of Chicago, for appellees.

Reversed and remanded in No. 80-61; Appeal dismissed in No. 80-409.

Mr. JUSTICE REINHARD delivered the opinion of the court:

Plaintiffs, Leslie Arnold and his wife, brought suit against defendant, Leahy Home Building Co., Inc. (Leahy), seller, and defendant Heritage/Pullman Bank & Trust Co., legal and equitable titleholder to the property, arising out of a written contract wherein Leahy was to construct a house for Arnolds and convey them the house and...

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