BATLER, CAPITEL & SCHWARTZ v. TAPANES

No. 2-87-0155.

164 Ill. App.3d 427 (1987)

517 N.E.2d 1216

BATLER, CAPITEL & SCHWARTZ, as successor in interest to Fred M. Adamczyk et al., Plaintiff-Appellant, v. FRANK E. TAPANES et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed December 31, 1987.


Attorney(s) appearing for the Case

Marc K. Schwartz, of Batler, Capitel & Schwartz, of Buffalo Grove, for appellant.

Kenneth M. Clark, of Kenneth M. Clark & Associates, Ltd., of Antioch, for appellees.


Judgment affirmed.

JUSTICE DUNN delivered the opinion of the court:

The plaintiff, Batler, Capitel and Schwartz, appeals from an order of the circuit court which granted a motion for a directed finding for the defendants, Frank E. Tapanes and Robin J. Tapanes. On appeal, the plaintiff contends that the circuit court erred in finding that (1) the doctrine of merger precluded the plaintiff's recovery of real...

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