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BURGENER v. GAIN

No. 81-2.

101 Ill. App.3d 699 (1981)

428 N.E.2d 722

HAROLD M. BURGENER, Plaintiff-Appellee, v. J.R. GAIN, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed November 13, 1981.

Attorney(s) appearing for the Case

Fieger, Quindry, Molt, Harvey, Fyie & Hawkins, of Fairfield (Morris Lane Harvey, of counsel), for appellant.

Schniederjon, Weber, Harvey & Stephens, of Effingham (Frank H. Schniederjon, of counsel), for appellee.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE KARNS delivered the opinion of the court:

Plaintiff, Harold M. Burgener, obtained judgment by confession on a promissory note against the defendant, J.R. Gain, in the Circuit Court of Wayne County. The court granted defendant's motion to open judgment and to plead a defense to plaintiff's complaint. Defendant counterclaimed for credits due from plaintiff under a contract for the sale of plaintiff...

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