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CUMMINGS v. DUSENBURY

No. 83-1046.

129 Ill. App.3d 338 (1984)

472 N.E.2d 575

MICHAEL S. CUMMINGS et al., Plaintiffs-Appellees and Cross-Appellants, v. LIPH S. DUSENBURY et al., Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed December 11, 1984.

Attorney(s) appearing for the Case

Thomas J. DeMik and Howard H. Prestwich, both of Freeport, for appellants.

John A. Leemon, of Mt. Carroll, for appellees.

Judgment affirmed.

JUSTICE HOPF delivered the opinion of the court:

Defendants, Liph and Patricia Dusenbury, sold a house to Michael and Lori Cummings, plaintiffs. Soon after moving into the home, the Cummings sued for rescission of the contract for the sale. After a bench trial, the circuit court of Carroll County found that, because of a unilateral mistake, the Cummings were entitled to rescission of the real estate contract and damages, less an amount for...

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