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EMERY v. KIMBALL HILL, INC.

No. 82-369.

112 Ill. App.3d 109 (1983)

445 N.E.2d 59

CHARLES EMERY, Plaintiff-Appellant, v. KIMBALL HILL, INC., Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed January 26, 1983.

Attorney(s) appearing for the Case

Michael G. Boylan, of Geneva, for appellant.

Lloyd J. Tyler and Salvatore C. Miglore, both of Tyler, Solomon & Hughes, of Aurora, for appellee.

Order affirmed.

JUSTICE HOPF delivered the opinion of the court:

The plaintiff, Charles Emery, appeals from an order of the circuit court of Kane County which dismissed his complaint against the defendant, Kimball Hill, Inc. (Kimball Hill), for failure to state a cause of action pursuant to section 45 of the Civil Practice Act (Ill. Rev. Stat. 1981, ch. 110, par. 45 (now codified Ill. Rev. Stat. 1981, ch. 110, par. 2-615)).

On April 30, 1975, the defendant...

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