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MATEYKA v. SCHROEDER

No. 5-85-0227.

152 Ill. App.3d 854 (1987)

504 N.E.2d 1289

ALFRED J. MATEYKA, Plaintiff-Appellee, v. HERMAN O. SCHROEDER, Defendant (Walter Greathouse et al., Defendants-Appellants).

Appellate Court of Illinois — Fifth District.

Rehearing denied March 24, 1987.

Attorney(s) appearing for the Case

Robert P. Hennessey, of Granite City, for appellants Walter Greathouse and Mildred I. Greathouse.

Dailey & Walker, of Granite City, for appellants Otis G. Gosnell, Sandra F. Gosnell, and Kathryn M. Pomeroy.

Earl L. Vuagniaux, of Edwardsville, for appellee.

Affirmed in part and reversed in part.

JUSTICE KASSERMAN delivered the opinion of the court:

Plaintiff, Alfred J. Mateyka, brought this action for the collection of a debt arising out of a real estate transaction. At trial, plaintiff contended that he was entitled to recover from the defendants either on the theory of contract or on the theory of estoppel. After a bench trial, the trial court found that plaintiff could recover either on the theory of contract...

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