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KOTHE v. JEFFERSON

No. 17281.

109 Ill. App.3d 247 (1982)

440 N.E.2d 415

SHUBRICK T. KOTHE, Ex'r of the Will of Vera A. Shaw, Deceased, Plaintiff-Appellee, v. MARY ANNA JEFFERSON a/k/a Mary Ann Jefferson, Indiv. and as Ex'r of the Will of John H. Jefferson, Deceased, et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Rehearing denied October 18, 1982.

Attorney(s) appearing for the Case

Thomas J. Logue, of Glenn & Logue, of Mattoon, for appellant John H. Ryan.

Ward E. Dillavou, of Dillavou, Overaker & Smith, of Paris, for other appellants.

William F. Meehling, of Meehling & Rich, of Marshall, for appellee.

Judgment reversed.

JUSTICE LONDRIGAN delivered the opinion of the court:

Vera Shaw leased 11 parcels of land, 438.5 acres in all, to John H. Jefferson, February 19, 1959, for the production of oil and gas. Shaw filed a complaint in 1980 seeking to cancel the lease as it applied to 318.5 acres of the leasehold for breach of the implied warranty to develop; she later moved for summary judgment with respect to 120 of the 318.5 acres. The trial judge granted the...

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