SEARS BANK & TRUST CO. v. HOLMSTAD, INC.

No. 83-2118.

132 Ill. App.3d 229 (1985)

477 N.E.2d 44

SEARS BANK AND TRUST COMPANY, Ex'r of the Estate of Ruth H. Kiesow, Deceased, Plaintiff-Appellee, v. THE HOLMSTAD, INC., Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 29, 1985.


Attorney(s) appearing for the Case

Alan E. Richards and Mary Hylton, both of Richards & Ralph, Chartered, of Libertyville, for appellant.

Michael R. Turoff, Arthur L. Klein, and Adele Rapport, all of Arnstein, Gluck, Lehr, Barron & Milligan, of Chicago, for appellee.

William L. Smith, Jr., of Hollobow & Taslitz, of Chicago, for amicus curiae.


Judgment affirmed.

PRESIDING JUSTICE McGLOON delivered the opinion of the court:

Defendant, The Holmstad, Inc., appeals from an order granting plaintiff's motion for summary judgment and ordering the return of part of the entry fee paid by plaintiff's decedent upon entering a life-care facility. On appeal, defendant contends that in the absence of a clause specifically providing for a refund in the event of a resident's death, no refund can be ordered.

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