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MURPHY v. ROPPOLO-PRENDERGAST BLDRS, INC.

No. 82-2882.

117 Ill. App.3d 415 (1983)

453 N.E.2d 846

JAMES M. MURPHY, Plaintiff-Appellee, v. ROPPOLO-PRENDERGAST BUILDERS, INC., Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed August 23, 1983.

Attorney(s) appearing for the Case

James B. O'Brien & Associates, Ltd., of Chicago, for appellant.

Gerard C. Heldrich, Jr. & Associates, of Chicago (Gerard C. Heldrich, of counsel), for appellee.

Reversed and remanded.

JUSTICE STAMOS delivered the opinion of the court:

James M. Murphy brought this declaratory judgment action against Roppolo-Prendergast Builders, Inc. (Roppolo), seeking the return of his down payment made pursuant to a written agreement for the purchase of a condominium unit to be built by Roppolo. The trial court, after a hearing, granted Murphy's motion for judgment on the pleadings. Roppolo filed a motion to vacate the judgment and...

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