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BARTLETT BANK & TRUST CO. v. McJUNKINS

No. 85-1698.

147 Ill. App.3d 52 (1986)

497 N.E.2d 398

BARTLETT BANK & TRUST COMPANY, f/k/a Bartlett State Bank, Plaintiff and Counterdefendant-Appellee, v. TRACY C. McJUNKINS et al., Defendant and Counterplaintiffs-Appellants.

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

Opinion filed August 18, 1986.

Attorney(s) appearing for the Case

Thomas P. Cernek and Jeffrey T. Cernek, both of Chicago, for appellants.

Mark Schuster, of Strom, Schuster & McCarty, of Elgin, for appellee.

Affirmed in part, and reversed in part and remanded.

JUSTICE O'CONNOR delivered the opinion of the court:

This appeal arises out of a counterclaim for damages based on breach of contract filed by defendants, Tracy C. and Dorothy J. McJunkins, in a foreclosure action instituted by plaintiff, Bartlett Bank after it had accelerated the maturity of a promissory note executed by the McJunkins and secured by a mortgage on the McJunkins' home. The bank voluntarily...

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