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MAGNA MORTG. v. DONALD WEBBER MORTG.

No. 4-87-0615.

166 Ill. App.3d 992 (1988)

520 N.E.2d 1212

MAGNA MORTGAGE COMPANY, formerly The Millikin Mortgage Company, Plaintiff-Appellant, v. DONALD WEBBER MORTGAGE COMPANY, INC., Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed March 9, 1988.

Attorney(s) appearing for the Case

Jon D. Robinson, of Hull, Campbell & Robinson, of Decatur, for appellant.

Nicholas J. Neiers and Martin D. Hoke, both of Samuels, Miller, Schroeder, Jackson & Sly, of Decatur, for appellee.

Reversed and remanded.

PRESIDING JUSTICE GREEN delivered the opinion of the court:

On April 24, 1987, plaintiff Magna Mortgage Company filed a second-amended complaint against defendant Donald Webber Mortgage Company, Inc., in the circuit court of Macon County alleging breach of contract. On May 15, 1987, defendant filed a motion to dismiss that complaint. Curiously, the first contention of the motion was that the complaint should be dismissed under section...

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