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SHUGAN v. COLONIAL VIEW MANOR

No. 81-1267.

107 Ill. App.3d 458 (1982)

437 N.E.2d 731

MURRAY M. SHUGAN et al., Plaintiffs-Appellants, v. COLONIAL VIEW MANOR, d/b/a Condeversion Realty Sales Company, Defendant-Appellee.

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

Opinion filed June 3, 1982.

Attorney(s) appearing for the Case

George M. Sachs and Associates, of Vernon Hills (Brian C. Donegan, of counsel), for appellants.

Victor J. Piekarski and Glen E. Amundsen, both of Querrey, Harrow, Gulanick & Kennedy, Ltd., of Chicago, for appellee.

Reversed and remanded.

JUSTICE ROMITI delivered the opinion of the court:

Plaintiffs filed a complaint for specific performance of an alleged agreement to sell real estate or in the alternative for damages. Defendant filed a section 45 (Ill. Rev. Stat. 1979, ch. 110, par. 45) motion to dismiss on the grounds that the complaint failed to state a cause of action in that the pleadings failed to establish or evidence a valid and enforceable contract

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