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NUTRI-PRO, INC. v. PHELPS

No. 4-88-0038.

172 Ill. App.3d 505 (1988)

526 N.E.2d 891

NUTRI-PRO, INC., Plaintiff-Appellant, v. JERRY PHELPS, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed July 14, 1988.

Attorney(s) appearing for the Case

William H. Knuppel, of Boggs & Knuppel, of Havana, for appellant.

Knuppel, Grosboll, Becker & Tice, of Petersburg (Eldon H. Becker, of counsel), for appellee.

Affirmed in part and reversed in part.

JUSTICE McCULLOUGH delivered the opinion of the court:

This case arose from an action for the enforcement of a promissory note. The trial court decided the defense of illegality was available to defendant and refused to enforce the plaintiff's claim or the defendant's counterclaim. Plaintiff filed timely notice of appeal and presents two issues. They are (1) was the balance due and owing by Phelps to Nutri-Pro correctly...

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