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HARBAUGH v. HAUSMAN

No. 4-90-0622.

569 N.E.2d 523 (1991)

210 Ill. App.3d 715

155 Ill.Dec. 342

Max W. HARBAUGH, Plaintiff-Appellee, v. Nancy R. HAUSMAN and Christopher Hausman, Co-Executors of the Estate of C.A. Rice, Deceased, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

Rehearing Denied April 2, 1991.

Attorney(s) appearing for the Case

Jeffrey W. Tock, Phebus, Tummelson, Bryan & Knox, Urbana, for defendants-appellants.

Emerson L. Moore, Lemna, Moore & Carroll, Tuscola, for plaintiff-appellee.

Justice GREEN delivered the opinion of the court:

This case concerns the illusive concepts involved in the rescission of a contract on the basis of a mutual mistake as to antecedent matters which include questions of law. The case began on January 27, 1989, when plaintiff Max W. Harbaugh filed a complaint in the circuit court of Douglas County against defendants Nancy R. Hausman and Christopher Hausman, coexecutors of the estate of C.A. Rice, deceased. Plaintiff sought...

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