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NEWCASTLE PROPERTIES, INC. v. SHALOWITZ

No. 1-90-1248.

582 N.E.2d 1165 (1991)

221 Ill. App.3d 716

164 Ill.Dec. 221

NEWCASTLE PROPERTIES, INC., Plaintiff-Appellee, v. Sidney SHALOWITZ and Phyllis Shalowitz, Defendants-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied November 20, 1991.

Attorney(s) appearing for the Case

Torshen, Schoenfield & Spreyer, Ltd., Chicago (Jerome H. Torshen and Steven P. Garmisa, of counsel), for defendants-appellants.

Schiff Hardin & Waite, Chicago (James A. Clark, Barbara E. Hermansen, and Darren Van Puymbrouck, of counsel), for plaintiff-appellee.

Justice JOHNSON delivered the opinion of the court:

Defendants, Sidney and Phyllis Shalowitz, appeal the trial court's order granting plaintiff, Newcastle Properties, Inc. (hereinafter Newcastle), its motions for summary judgment (Ill.Rev.Stat.1983, ch. 110, par. 2-1005), and prejudgment interest, and denying defendants' motions for summary judgment and rehearing.

The following issues are before this court for review: (1) Whether the seller's recovery pursuant...

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